Pension Archives | Page 2 of 5

Pensionary benefit to “part time tube well operators” cannot be granted from date of granting pay parity with regular operators; Allahabad High Court reiterates

Article 14 of the Constitution of India has withstood the temperts of classification and discrimination, but the emerging disparity to regulate the condition of pension as a result of service ought not to obliterate the object of equality in a level playing field.

Case Briefs High Courts

Punjab and Haryana High Court directs restoration of pension to remarried widow

The Court held that Rule 12-A of the CCS (Extraordinary Pension) Rules specifically permits a widow of an employee who remarries deceased husband's brother to get extraordinary pension.

Case Briefs High Courts

Delhi High Court | Divorced/Widowed daughter to be regarded as an unmarried daughter under the Swantantrata Sainik Samman Pension Scheme

The Delhi High Court remarked that the expression “unmarried” adverts to a person who is not married. It includes a woman who is single i.e., who was married but divorced and even a woman who is widowed.

Case Briefs Supreme Court

Child adopted by government servant’s Hindu widow, after his death, not ‘family’ under the CCS (Pension) Rules: Supreme Court

The bench of KM Joseph and BV Nagarathna, JJ has held that the definition of ‘family' under the Central Civil Services (Pension) Rules, 1972 is a restrictive and specific one and cannot be expanded to take within its sweep, all heirs, as provided under Hindu law, or other personal laws.

Case Briefs District Court

Haryana Court | Right to earn in consideration of work done under an employment is an essence covered by Article 21 of the Constitution of India

Vikrant J. recorded that when the benefit of two ACPs was granted to the plaintiff after the completion of 10 and 20 years of service respectively, there is no justification for not granting him the benefit of 3rd ACP after the completion of 30 years of satisfactory service before retirement.

Case Briefs Foreign Courts

Termination of a Swiss national's widower's pension: ECHR finds no weighty and convincing reasons for such differential treatment on grounds of gender

“References to traditions, general assumptions or prevailing social attitudes in a particular country are insufficient justification for a difference in treatment on grounds of sex, whether in favour of women or men”

Case Briefs Supreme Court

UP Housing and Development Board’s function does not include fixing its employees’ service conditions; SC modifies 2014’s Preetam Singh verdict

On 10.02.2020, a division bench had come to the conclusion that the view taken by this Court in Preetam Singh’s case needs reconsideration after it prima facie found that the functions of the Board contemplated under Section 15 of the 1965 Act were wide enough even to cover the act of fixing service conditions of its employees. Hence, the matter was referred to a larger bench.

Case Briefs Supreme Court

Supreme Court | Denying similar benefits to similarly situated Government employees working under same employer amounts to discrimination

Supreme Court: In an appeal filed against the judgment of the Delhi High Court, wherein the Court has set aside

Case Briefs High Courts

Tripura High Court | Employees of statutory organizations cannot claim pensionary benefits as a matter of right

Tripura High Court: In a batch of writ petitions filed for directing the State Government to provide similar Pension benefit as granted

Case Briefs Supreme Court

Financial crunch a valid ground to fix cut-off date for granting actual benefit of revision of pension/pay; Rule 3(3) of Tripura State Civil Services (Revised Pension) Rules, 2009 constitutional: Supreme Court

Supreme Court: The bench of MR Shah* and BV Nagarathna, JJ has held that the financial crunch/financial constraint due to additional financial

Case Briefs High Courts

Freedom fighters’ pension cannot be taken as ‘income’ to deny family pension; Objective of Freedom Fighter Pension Scheme is to honour the sacrifices of the fighters: Madras High Court

Madras High Court: B Pugalendhi J. allowed the family pension to be given to the daughter ‘petitioner’ arising out of the employment

Case Briefs High Courts

Delhi High Court allows mercy petition filed by widow of a deceased/dismissed employee seeking ‘compassionate allowance’ in view of R. 41 of CCS (Pension) Rules, 1972

Delhi High Court: A Division Bench of Suresh Kumar Kait and Saurabh Banerjee, JJ. granted compassionate allowance to widow of Late Naik

Case Briefs High Courts

Madhya Pradesh High Court | Irregular grant of bail may reflect upon competency of the Judge but does not mean that he is corrupt; Compulsory retirement set aside

Madhya Pradesh High Court: The Division Bench of Ravi Malimath, CJ. and Vishal Mishra, J. allowed a writ petition and issued several

Case Briefs High Courts

Kerala High Court| Consider compulsory licensing of breast cancer drug Ribociclib; HC directs Central Government

Kerala High Court: While adjudicating a petition filed by a breast cancer patient seeking to afford life-saving medicines which otherwise cost more

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | Can a defence person change the name of his wife twice in his service records? Tribunal answers

Armed Forces Tribunal (Lucknow Bench): The Division Bench of Justice Umesh Chandra Srivastava, Member (J) and Vice Admiral Abhay Raghunath Karve, Member

Case Briefs High Courts

Cal HC | On failure of State’s duty to disburse the gratuity and pension amount on the due date, interest is obligatory

Calcutta High Court: Amrita Sinha, J. disposed of a petition which was filed by an Assistant Teacher who retired from service on

Case Briefs Supreme Court

Can State deny benefits of New Pension Scheme citing delayed appointments when the delay was not attributable to employees? Supreme Court answers

Supreme Court: The Division Bench comprising Ajay Rastogi and Bela M. Trivedi, JJ., reversed the impugned judgment of the Madras High Court and held that