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VENKATA JYOTHIRMAI PRATAPA
Rambabu, S/o Late Venkanna – Appellant
Versus
Food Corporation of India – Respondent
ORDER :
This Writ Petition is filed under Article 226 of the Constitution of India seeking Mandamus for the following relief:
ii) declare the action of Respondents in not releasing the retirement CMP amount is illegal and arbitrary;
iii) consequently direct the respondents to release CPF amount and interest on delayed payment of retiral benefits from the date of retirement;
iv) pass such order or other orders as this Hon’ble Court may deem fit and proper in the interest of justice.”
2. The brief facts of the case are as follows:
a. The petitioner was appointed as Typist in the respondent-Food Corporation of India, through an appointment order dated 11.10.1971 and thereafter, promoted as Assistant Grade-III and Assistant Grade-II (General) on 18.05.1976 and 07.10.1976 respectively.
b. While he was working as Assistant Grade-II (General), a show cause notice dated 26.02.1988 was issued by the respondent No.2 referring to a report dated 13.01.1988 of the Director (Tribal Welfare) that the petitioner does not belong to Konda Kapu (ST) and he is a general c
The court ruled that a petitioner cannot claim interest on delayed retirement benefits if not requested in prior petitions, dismissing the writ petition for lack of merit.
Withholding retiral benefits based solely on the pendency of an FIR is unjustified without a charge-sheet being filed.
Retiral benefits, including gratuity and pension, constitute vested property rights under Article 300A; delayed payment breaches the right to livelihood under Article 21, and employers must timely se....
Pension - Pension, gratuity and other retirement benefits are no longer matters of any bounty to be distributed by the Government but are valuable rights acquired and property in their hands and any ....
Interest on delayed payment of retirement gratuity and commuted pension value is payable where benefits are withheld due to disciplinary proceedings, following exoneration, based on statutory rules a....
Government employees are entitled to interest on delayed payment of pension and gratuity, and the rate of interest is determined based on the date the amount has fallen due, as per relevant legal pro....
Delay in filing a writ petition can bar claims for relief, especially in service matters, as established by the principles of delay and laches.
Public servants are entitled to interest on delayed payment of retiral benefits if the delay is attributable to the State.
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