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SANJAY KAROL, S. KUMAR
Lilawati Mishra, W/o. Late Krishna Kumar Mishra – Appellant
Versus
State of Bihar, through Additional Chief Secretary, Road Construction Department – Respondent
JUDGMENT :
Sanjay Karol, J.
The following questions arise for consideration in the instant writ petition:-
2. Whether the acts of the State in delaying the disbursement of retiral benefits can be countenanced given the established notion of the State as a Model Employer?
3. Whether a case is made out for punitive damages/heavy cost in the instant set of facts in light of the inordinate lapses?
4. Whether the State is obligated to constitute an effective grievance redressal mechanism with respect to payment of legitimate dues of a salaried employee, including pension and other post retiral benefits, to ensure that earned dues are disbursed on time?
FACTS
2. The petitioner namely Lilawati Mishra (referred to as the petitioner) is the wife of late Shri Krishna Kumar Mishra (hereinafter referred to as the employee), whose salary in arrear and non-disbursement of retiral benefits are the subject of this petition.
3. The employee was appointed as a Temporary Estimator on 05.12.1961 and joined the office of Superintending Engineer Chhotan
Point of Law : It is clear like a noon day that the retiral dues of an employee like petitioner cannot be allowed to withhold because the documents were not received by any department from other depa....
Pension is a constitutional right and cannot be withheld without lawful authority; delays in payment warrant interest.
Point of law: non-payment of salary creates dent on the financial condition of an ordinary employee who is getting meager income as a salary. That would temporarily deprive right to property, though ....
non-payment of leave salary and pension to retired employees is deprivation of a citizen in right to property. Such deprivation is violative of fundamental rights guaranteed under Article 21 and Cons....
Pension is a valuable right protected under Article 300A of the Constitution, and cannot be denied without due process. Recovery from a deceased employee's benefits is unlawful without established li....
A statutory corporation cannot withhold the post-retirement benefits of its retired employees without providing them with an opportunity of hearing.
Writ petition decision underscores that withholding terminal benefits violates statutory rights under labor law, mandating their release with interest.
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