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D. V. S. S. SOMAYAJULU, V. SRINIVAS
State of AP Pradesh rep. by its Principal Secretary School Education Department – Appellant
Versus
B V N Patnaik S/o Suryanarayana – Respondent
ORDER :
D.V.S.S. Somayajulu, J.
1. This writ petition is filed questioning the order dated 12.07.2018 in O.A.No.3670 of 2016 passed by the Administrative Tribunal.
2. Learned Government Pleader for Services-III argued the matter for the State, while the respondent was represented by Sri K.Ram Mohan, learned senior counsel, who was instructed by Sri Vijaya Saradhi.
3. Learned Government Pleader points out that the facts in the case are not really in dispute in so far as the period of service etc., are concerned. The respondent was appointed as a Secondary Grade Teacher in September 1958. He worked like that till 31.03.1969. Thereafter he never reported for duty.
4. Learned Government Pleader submits that in view of his date of birth, the respondent was deemed to be retired on 31.05.1999. It is pointed out that for a period of 30 years i.e. from 01.04.1969 till 31.05.1999, the petitioner never reported for duty, did not apply for leave etc., and it is submitted that as per G.O.Ms.No.260 General Administration (SER.C) Department dated 04.09.2003, if an employee is on unauthorized leave for a period of one year, the penalty of removal of service is to be imposed. It is also submitted that n
Pension entitlement for the period of actual service is a valid claim, and delay in the claim does not affect the rights of third parties.
The absence of a formal termination does not negate voluntary abandonment of service; pension eligibility requires minimum qualifying service as per the rules at the time of cessation of service.
Pension claims are recurring rights; dismissal on limitation grounds is improper when a continuing wrong is involved, permitting evaluation on merits.
The main legal point established in the judgment is that past services of daily wagers, when fulfilling the conditions of Section 25B of the Industrial Disputes Act, qualify for pension, and the enti....
The main legal point established in the judgment is the application of the doctrine of delay and laches in service-related disputes, emphasizing the importance of timely pursuit of claims and the exc....
The court emphasized the importance of timely redressal of grievances and the plain and unambiguous interpretation of statutory provisions.
The main legal point established in the judgment is that the entire past services of daily-wagers, where they completed 240 days of continuous service, qualified for pension, as interpreted from Sect....
Pension is a property right protected under Article 300A of the Constitution, requiring just procedures for sanction and review of claims.
The main legal point established in the judgment is that past services of daily wagers, when they completed 240 days continuous service as per section 25B of the Industrial Disputes Act, qualify for ....
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