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DELHI HIGH COURT
RAJIV SHAKDHER, TALWANT SINGH
Central Council for Research in Unani Medicine – Appellant
Versus
Salma Khatoon (Dr.) – Respondent
| Table of Content |
|---|
| 1. grievance regarding retiral benefits. (Para 2 , 3) |
| 2. delay in payment of retiral benefits. (Para 4) |
| 3. tribunal's order on retiral dues. (Para 5) |
| 4. petitioner's argument on releasing dues. (Para 6) |
| 5. dismissal of the writ petition. (Para 7 , 8) |
JUDGMENT
[Court hearing convened via video-conferencing on account of COVID-19]
Rajiv Shakdher, J. (Oral)
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 M
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.
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.
Eligibility for retirement benefits hinges on age criteria established by precedent; those exceeding the age limit before a specified date are disqualified.
The Tribunal has authority to issue interim orders directing benefits during unresolved proceedings, contingent on the merit of the original application.
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.
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