SC imposes Rs 50,000 cost on Central Govt. for challenging grant of LFP to a soldier’s widow
The Court said that Government should have been sympathetic to the widow of a deceased soldier who died in harness instead of dragging her to the Court.
Pension
J&K High Court seeks Govt’s response on reservation policy for transgender community in J&K
The Deputy Solicitor General of India (DSGI), filed a status report on behalf of the UT of Ladakh, stating that a committee is formed to identify the actual number of transgender individuals in both Leh and Kargil Districts.
‘Resignation can be accepted only when it is clear, unambiguous, unequivocal, and not conditional’; Gauhati HC upholds employee’s voluntary resignation
It appears that petitioner has retyped his resignation letter by way of improvement as the original letter titled as ‘Regarding Resignation from Service’ submitted to respondent is hand-written, with different sentence and meaning.
Decision to reduce employee’s pay scale and recover excess amount can’t be applied retrospectively after a long time gap: SC
The Court further stated that any step of reduction in the pay scale and recovery from a government employee would be like a punitive action because the same has drastic civil and evil consequences.
Supreme Court expresses concern over meagre pension to District Judges; urges Union to find out a way
“Some of them are from District Judiciary retiring with a pension of only Rs 15,000/-. We are the guardians of the District Judiciary. As guardians of the district judiciary, what do we do?”
MP High Court criticises Indian Army’s behavior towards missing soldier’s family; calls for reforms of worn-out pension rules
“Instead of helping the family of the missing solider, the Indian Army expects them to get the date of his civil death declared through civil Court, and they are denied to release the pension and other retirement allowances of the missing solider.”
[S. 115 CPC] | ‘The Pension Act, 1871 not enforced in Sikkim’; Sikkim High Court holds that claims to be made under State Pension Rules
The Court held that the Sikkim Government Pension Rules do not prohibit the revisionist from entering into a compromise deed with the respondent, therefore, the former is bound by the deed.
In absence of any statutory provision, seniority must be counted from the date of appointment: Himachal Pradesh High Court
“If appellants wanted the seniority of respondent to be counted from a date of joining, then nothing prevented them from mentioning similar condition as was fixed regarding the pay and allowances with respect to seniority also.”
Taking away/withholding retiral benefits amounts to denial of ‘Right to life’: Rajasthan High Court
Rajasthan High Court held that retiral benefits are earned by employees for their services and should not be deprived due to non-job-related legal matters.
Supreme Court directs Indian Army to compensate Ex-Havaldar with Rs 50 Lakhs for wrongful termination due to misdiagnosis as HIV +ve
“Severance of employer — employee relationship can never be said to be an easy choice, for it not only results in the employee losing his livelihood, but also affects those who depend on him for their survival. And if the employer is the Indian Army, the loss is even greater, since it has the effect of suddenly displacing a soldier from the regimented lifestyle of the military”
Can prospective resignation be withdrawn at any time before it becomes effective? Supreme Court answers
Supreme Court: In an appeal against the judgment passed by Bombay High Court, whereby the Court dismissed the appeal preferred by the
[Freedom Fighters Pension] Madras HC directs MHA to provide pension to ex-Army personnel who suffered imprisonment in Rangoon Jail in 1945
Madras High Court, while noting that the respondent is 94 years old, directed MoHA to comply with the order within a period of two months from the date of receipt of a copy of this Judgment.
‘Poor financial condition of State and lack of instructions from higher authority is not a ground to deny pension benefits’: Manipur HC
“Pension is not a bounty from the state authority to the retired employee, it is compensation for the past service rendered by the employee. It cannot be withheld without assigning any reason”.
Madhya Pradesh High Court upholds bank’s right to recover excess payment in pension recovery dispute
Madhya Pradesh High Court noted that the petitioner did not dispute her liability to refund the commuted portion in instalments, as per her undertaking.
Public authorities should be made accountable for lapses or failure to discharge its duties: Himachal Pradesh High Court
“Public authorities hold the public funds in trust. The public money cannot be allowed to be wasted by unjustified delays caused by the public authorities in discharge of their duties.”
Allahabad HC directs Chief Secretary to issue circular to State Departments to expeditiously complete all formalities for releasing post retiral dues
“The respondents being “State” under Article 12 of the Constitution of India, its officers are public functionaries. Under our Constitution, sovereignty vests in the people. Every limb of constitutional machinery, therefore, is obliged to be people oriented. Public authorities acting in violation of constitutional or statutory provisions oppressively are accountable for their behavior”
Bombay High Court decides deceased’s first wife’s entitlement after she was denied pension due to second wife
The Petitioner is 86 years of age today and though she is a legally wedded wife, she received no pension after the demise of her husband for 25 years only because the second wife Rukhminibai was paid the pension after the demise of the freedom fighter husband.
Notional increment cannot be denied on the ground that the person retired one day before the increment was due: Rajasthan High Court reiterates
“When the position of law is almost identical everywhere in the other States and when the benefit of Annual Increment is given to such employees, then denial of such benefits to the petitioners would amount to violation of their right of equality enshrined under Article 14 of the Constitution.”
Old Pension scheme or contributory Pension Scheme, which will be applicable to Government servants appointed after 01-04-2003? Madras HC answers
Because of the retrospective operation of the new pension scheme, no employer or employee would have forethought that appointments made after 01-04-2003 would not be eligible for the old pension scheme.
Applying reduced commutation factor without considering corresponding basic pay is contrary to CCS (Commutation of Pension) Rules, 1981: Delhi High Court
“The Tribunal apparently failed to appreciate that the calculations made by the respondents overlooked proviso (b) to Rule 6 as well as Rule 8 of the Central Civil Services (Commutation of Pension) Rules, 1981 and commutation value expressed as number of years of purchase, prejudicial to the petitioner cannot be applied.”