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GOVERNMENT HAS NO POWER TO WITHHOLD PENSIONARY BENEFITS IF DEPARTMENTAL OR JUDICIAL PROCEEDING ARE PENDING: SUPREME COURT

Government has no power to withhold Pensionary Benefits if departmental or judicial proceeding are pending: Supreme Court C.A. No.6770/2013 @ SLP (C) No. 1427 of 2009 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6770 OF 2013 (Arising out of Special Leave Petition (Civil) No. 1427 of 2009) State of Jharkhand & Ors. —- Appellant(s) Vs. Jitendra Kumar Srivastava & Anr. — Respondent(s) WITH C.A. No. 6771/2013 (arising out of SLP(C) No. 1428 of 2009) J U D G M E N T A.K. Sikri, J 1. Leave granted. pensionary 2. Crisp and short question which arises for consideration in these cases is as to whether, in the absence of any provision in the Pension Rules, the State Government can withhold a part of pension and/or gratuity during the pendency of departmental/ criminal proceedings? The High Court has – answered this question, vide the impugned judgment, in the negative and hence directed the appellant to release the with...
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IMPORTANT JUDGEMENT- OFFICIAL RETIRED ON 30TH JUNE IS ELIGIBLE FOR INCREMENT DUE ON 1ST JULY NOTIONALLY FOR PENSIONARY BENEFITS

IMPORTANT JUDGEMET IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15.09.2017 CORAM THE HON’BLE MR.JUSTICE HULUVADI G.RAMESH AND THE HON’BLE MR.JUSTICE RMT.TEEKAA RAMAN W.P.No.15732 of 2017 P.Ayyamperumal … Petitioner -vs- 1.The Registrar, Central Administrative Tribunal, Madras Bench, High Court Complex, Chennai-600 105. 2.Union of Indirep.by the Chairman, CBEC, North Block, New Delhi-110 001. 3.Union of India rep.by Department of Personnel & Training New Delhi. 4.The Director of General (Inspection), Customs & Central Excise, “D” Block, I.P.Bhawan, I.P.Estate, New Delhi-110 002. .. Respondents Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus calling for the records of the first respondent in O.A./310/00917/2015 dated 21.03.2017 and quash the same and consequently direct the fourth respondent to treat the retirement date of the petitioner as on 01.07.2013 and grant all the consequential benef...
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Pay element relating to Running Staff/Loco Inspectors after the recommendations of Seventh CPC

Pay element relating to Running Staff/Loco Inspectors after the recommendations of Seventh CPC GOVERNMENT OF INDIA MINISTRY OF RAILWAYS (RAILWAY BOARD) No.E(P&A)II-2015/RS-25 New Delhi, dated:13.11.2017 The General Manager, Metro Railway, Kolkata. Sub : Pay element relating to Running Staff/Loco Inspectors after the recommendations of Seventh CPC. Please refer to your letter no. MRTS/E.345/0/12/Pt.IV/Misc dt. 05.05.2017 requesting a clarification about the percentage of pay element to be reckoned for the purpose of computation of pensionary benefits in respect of Loco Inspectors. This issue has also been raised by GS/NFIR in his letter no. IV/RSAC/Conf/Pt. VIII dt. 15.09.2017. 2. Loco Inspectors are entitled to 30% add-on pay element for retirement benefits as per paragraph no. 5.5 of Board’s letter no. E(P&A)II/83/RS-10(iv) dt. 25.11.1992 which has not been amended as yet. It is clarified that the pay element (presently 30% until further orders) has to be reckoned in the revi...
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