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MINI PUSHKARNA
Dharam Pal Dhall – Appellant
Versus
Union of India – Respondent
JUDGMENT
Mini Pushkarna, J. The present writ petition has been filed for directions to respondent No.2 to grant the benefit of the ex gratia Scheme to the petitioner, with further prayer for quashing and striking down Clauses 6(i), 6(xiv) and 6(xxii) of the said Scheme. Since the petitioner expired in the year 2016, the present petition has now been continued through his legal representative, i.e., wife of the deceased petitioner.
2. The respondent No.2 had introduced a Scheme effective from 01.04.2008, under which a monthly amount is paid to the retired and other ex-employees of respondent No.2. After the death of the retiree/ex-employee, his/her surviving spouse receives the said payment till his/her death. As per the said ex gratia Scheme known as "Bharat Petroleum Corporation Limited Monthly Ex Gratia Scheme" (Ex Gratia Scheme), the same is applicable to all the ex-employees who have completed minimum 15 years of continued service with the respondent and who had joined the service of the respondent No.2 on or before 31.03.2008.
3. Since the petitioner joined the service of respondent No.2 before 31.03.2008 and had superannuated in the year 2005 on 30.04.2005, the petitioner du
The main legal point established in the judgment is that the scheme in force at the time of the employee's death is applicable for compassionate appointment, and the conditions stipulated in the sche....
The main legal point established in the judgment is the prospective application of the scheme for appointment on compassionate ground dated 18.03.2019, the authority's duty to consider belated reques....
Employees are entitled to gratuity per the Payment of Gratuity Act, 1972 despite other internal regulations, unless an exemption is formally established.
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