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RAJIV SHAKDHER, TALWANT SINGH
Central Council For Research In Unani Medicine – Appellant
Versus
Dr. Salma Khatoon – Respondent
JUDGMENT
Rajiv Shakdher, J. - CM aPPL. 7670/2022
1. allowed, subject to just exceptions.
W.P.(C) 2681/2022 & CM aPPL. 7669/2022[application filed on behalf of the petitioner seeking interim relief]
2. This writ petition is directed against the order dated 20.09.2021, passed by the Central administrative Tribunal [in short, 'the Tribunal'] in O.a. No.2058/2021.
2.1. The record shows that respondent no.1 had approached the Tribunal with the grievance that she was not being paid her retiral benefits.
3. It is not disputed before us by the counsel for the parties that respondent no. 1, in another matter i.e., W.P.(C.) 9554/2018, is agitating that her age of superannuation ought to be 65 years and not 60 years.
3.1. Briefly, respondent no.1 in the aforesaid writ petition is claiming parity with the age of superannuation provided for General Duty Medical Officers and Specialists in Central Government and its allied medical care institutions. In this context, respondent no.1, it appears, seeks to rely upon the decision of the Government of India dated 31.05.2016.
3.2. The aforesaid writ petition, we are told, is pending adjudication before this Court.
4. Notwithstanding the above, in the usual co
The right to receive pension as property under article 300(a) of the Constitution of India and the State's obligation to release retiral dues.
Pension is a property under Article 300(A) of the Constitution, and its non-release constitutes a violation of rights, requiring timely disbursement when no pending proceedings exist.
Eligibility for retirement benefits hinges on age criteria established by precedent; those exceeding the age limit before a specified date are disqualified.
Benefits of enhanced retirement age apply only to personnel who retired prior to the set date and were below the age limit at that time, affirming equality under the law.
The court upheld the retirement age of 60 for employees of a public sector undertaking, declaring attempts to roll back this age unauthorized without Cabinet approval.
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