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PURNENDU SINGH
Shyam Pyari Devi, W/o. Late Bal Krishna – Appellant
Versus
The State Of Bihar – Respondent
JUDGMENT :
(Purnendu Singh, J.)
Heard Mr. Arun Kumar No.1, learned counsel appearing on behalf of the petitioner; Mr. Subhash Pd. Singh, learned counsel for the State; Mr. Utkarsh Bhushan, learned counsel for the Accountant General, Bihar and Mr. Rajan Prakash, learned counsel for the Corporation.
2. Petitioner has inter alia prayed for following reliefs in the paragraphs No.1 of the writ petition:-
(ii) For issuance of appropriate writ/writs, order/orders, direction/directions, command/commands, commanding upon the respondents to pay the petitioner pension and retiral benefits by taking into consideration the services rendered by her late husband in the State Government.
(iii) For any other appropriate relief/reliefs to which the petitioner may be entitled to in the facts and circumstances of the case.”
3. Brief facts of the case are that the petitioner’s dece
Pension and retirement benefits are rights, not discretionary, and must be paid with interest for delays, recognizing the entire service of permanent government employees.
The main legal point established in the judgment is that ex-employees, initially government servants, are entitled to pensionary and retiral benefits as government servants, in accordance with releva....
The right to pension as a vested entitlement necessitates recognition of only legitimate dependents for the disbursement of retiral benefits, irrespective of the existence of previous marital ties.
Long-term service and integration into government employment structure can entitle temporary employees to pension and benefits, despite initial classification.
The right to receive pensionary benefits is constitutional and cannot be denied based on non-regularization of service, particularly after long continuous service, as it violates principles of fairne....
The judgment established that the nature of an employee's appointment and the regulations governing qualifying service for pension benefits are crucial in determining entitlement to family pension.
Daily wage employment does not qualify for pension benefits under the U.P. Retirement Benefits Rules, as it lacks the necessary substantive and permanent status.
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