J. K. MAHESHWARI, ATUL S. CHANDURKAR
State of Uttarakhand – Appellant
Versus
Sarita Singh – Respondent
| Table of Content |
|---|
| 1. compensation entitlement following duty-related death. (Para 2 , 3 , 4) |
| 2. high court's findings and compensation calculations. (Para 5 , 6) |
| 3. arguments against extraordinary pension entitlement. (Para 7 , 8) |
| 4. legal procedural requirements for extraordinary pension. (Para 10 , 11) |
| 5. governor's discretion in sanctioning extraordinary pension. (Para 12 , 14 , 15) |
| 6. modification of high court order on extraordinary pension. (Para 16 , 17) |
JUDGMENT :
ATUL S. CHANDURKAR, J.
1. Leave granted.
2. The State of Uttarakhand through its Chief Secretary is aggrieved by the judgment dated 12.09.2018 in Writ Petition No.284 of 2017 whereby the State Government has been directed to pay an amount of compensation of Rs.1,99,09,000/- with interest at the rate of 7.5% per annum to the first respondent. A further direction has been issued for grant of extraordinary pension to the first respondent under the Uttar Pradesh Civil Services (Extraordinary Pension) Rules, 19811[For short, the Rules of 1981] as adopted by the State of Uttarakhand, within a period of ten weeks along with interest at the rate of 8.5 % per annum on the amount of arrears.
3. One Dr. Sunil Kumar Singh got himself reg
Extraordinary pension requires Governor's sanction under the Uttar Pradesh Civil Services (Extraordinary Pension) Rules, 1981; High Court's direct award of pension was improper and should follow prop....
The court held that a police officer's death due to cardiac issues while on duty in a high altitude area was attributable to service conditions, entitling the widow to Extraordinary Pension and ex-gr....
Extraordinary pension can be granted to police personnel who die while on duty, as per the Government Order dated 19.08.1988.
Legally wedded wife or husband or son or unmarried daughter, who at the time of the death of the concerned employee, is wholly dependent and who is entitled for the family pension or who has been san....
The revised policy guidelines of 2014 cannot be applied retrospectively to deny relief to the petitioner, and the delay in processing the petitioner's application cannot be attributed to the petition....
Supreme Court had made it clear that loss of consortium cannot be only limited to spousal consortium but has also to be extended towards parental consortium and filial consortium.
Family pension is included in the definition of pension under the Judges Act, entitling the spouse of a retired Chairperson to claim it.
The factual scenario of the pensioner not actually drawing the pension amounts after its sanction, may not arise at all after the dramatic change of the very methodology of disbursal and release of p....
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