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2013 Supreme(Kar) 239

D.V.SHYLENDRA KUMAR
C. Nalini – Appellant
Versus
State of Karnataka by its Principal Secretary Health & Family Welfare Services Bangalore – Respondent


Advocate Appeared:
For the Petitioner:S.M. Babu, Advocate
For the Respondents:R1 & R2, Raghavendra G. Gayatri, AGA R3, Mrs. Anasuya Devi, for M/s. Nyayamitra, Assts Advocates.

Judgment :-

1. Writ petition by a former employee of the third respondent -Karnataka Board of Homoeopathic Systems of Medicine [for short 'the Board'], who had retired from service as a First Division Assistant in the year 2006 i.e., on 31.01.2006.

2. Petitioner's grievance is that after retirement, she has not been given retiral benefits including pension and that the Board in terms of resolution dated 26.04.1997 and on earlier occasions also had resolved to grant pension and other retiral benefits to its employees and had forwarded the same for approval of the State Government and in fact the State Government as per order dated 24.02.2006 [copy at Annexure-C] did approve the grant of pension and other retiral benefits to the employees of the Board including the petitioner, but had put a condition that the Government will not grant any aid to enable the Board to settle such retiral benefits and that the Board has to make its own arrangements to meet the financial implications of providing pension and other benefits to its employees etc.

3. The Board on realizing that the Government was not coming to its rescue to meet the financial implications though the Board was inclined to gra




















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