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K. VINOD CHANDRAN, RAJIV ROY
State of Bihar – Appellant
Versus
Chanarik Baitha – Respondent
K. Vinod Chandran, CJ. – The obstinate recalcitrance of the State Government, very evident from the above appeal filed, is to deny the first respondent pension to live a peaceful retired life, as a government employee, despite having succeeded in the various litigations before this Court. The learned Single Judge directed that the writ petitioner, the first respondent herein, should be treated to have been absorbed on and from the date of deputation and should be granted the pensionary benefits in terms of the pension rules which were operational at the relevant time. The main plank of the State in challenging the impugned judgment is the decision of the Hon’ble Supreme Court in an appeal from the order in L.P.A. No. 608 of 2006 and connected matters preferred by the State of Jharkhand, which judgment (in L.P.A) was consistently relied on by various Benches of this Court to allow the claim of the respondent and other similarly situated deputationists.
2. We need to look at the various judgments as available from the records before we look at the facts of the case. The admitted facts are that many of the public sector undertakings (PSUs) floated by the State failed to achieve the des
The petitioner was entitled to the 6th pay revision as applicable to regular employees, as per the judgment in Bihar State Beverages Corporation Limited and Others vs. Naresh Kumar Mishra and Others.
Point of Law : A person cannot be deprived of this pension without the authority of law, which is the Constitutional mandate enshrined in Article 300 A of the Constitution.
The court reaffirmed that employees on extended deputation due to closure of parent organizations may be entitled to retirement benefits and regularization, under principles of equal treatment in emp....
Appointments on deputation do not confer a right to continue beyond the specified term, and the distinction between transfer and appointment on deputation is significant.
Pension calculations for deputationists must exclude deputation allowances, relying solely on average emoluments from the parent bank as per applicable regulations.
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