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P. B. BAJANTHRI, ARUN KUMAR JHA
Manju Devi W/o Sudhir Kumar Mishra – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
ARUN KUMAR JHA, J.
1. Heard learned counsel for the appellant and learned counsel for the respondents.
2. The present L.P.A. is directed against the judgment dated 21.09.2017 passed in C.W.J.C. No. 19661 of 2015 by the learned Single Judge of this Court whereby and whereunder the civil writ petition filed by the appellant has been dismissed both on merits as well as on the ground of delay and laches.
3. In the writ petition, the appellant-petitioner has sought following relief:
(ii) A Mandamus commanding and directing the Respondents
The main legal point established in the judgment is the need for a liberal interpretation of pension provisions and the recognition of pension as a continuous relief/right for the employee, which sho....
Point of law: practice of the Government issuing Government Orders for fulfilling the needs of individual persons, for one reason or the other, should be put a stop to, as otherwise the clause of equ....
A teacher's continuous service before the cut-off date of 1.4.2003 qualifies for old pension benefits despite later regularization, affirming the principle of service continuity.
The court ruled that the entire service of the petitioner from 1979 to 2015 must be considered for pension calculation, subject to the deposit of management contributions, as earlier cut-off dates we....
The date of appointment should be considered for pension benefits, and delays caused by the respondents cannot be used to deny the petitioners' rights.
The expression ‘qualifying service’ is defined in Rule 5(1)(f) of the Mumbai Municipal Corporation Pension Rules, 1953 to mean and include among others duty performed in a permanent post.
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