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N. UNNI KRISHNAN NAIR
DULAL KRISHNA BHATTA S/O LATE CHANDRA SAGAR BHATTA – Appellant
Versus
STATE OF ASSAM – Respondent
JUDGMENT :
N. UNNI KRISHNAN NAIR, J.
1. Heard Mr. S. Khound, learned counsel, appearing on behalf of the petitioner. Also heard Mr. D. Upamanyu, learned standing counsel, Higher Education Department, appearing on behalf of respondents No. 1, 2 & 3 and Mr. C. Baruah, learned counsel, appearing on behalf of respondent No. 4.
2. The petitioner, by way of instituting the present proceeding has presented a challenge to a speaking order, dated 10.04.2023, issued by the Secretary, Higher Education Department, on the ground that the same is in clear violation of the directions passed by this Court vide order, dated 05.03.2020, in WP (C) 3450/2018.
3. As projected in the writ petition, the petitioner, herein, while working as a Supervisory Assistant in Pandu College (a provincialized College), had retired from his service on attaining the age of superannuation w.e.f. 31.01.2006. The age of superannuation being 59 years at the relevant point of time, the petitioner was due for retirement on attaining the age of superannuation w.e.f. 30.06.2005. However, he was continued in his service and had proceeded on superannuation only w.e.f. 31.01.2006. Accordingly, the petitioner had overstayed in his se
The court ruled that the Secretary must properly examine administrative lapses in delayed pension payments, as mandated by Section 197-A of the Assam Service (Pension) Rules, 1969.
The Tribunal erred in attributing delay in pension payment to the petitioner; interest at 6% is due under Clause-5 of the government resolution for delayed retiral benefits.
The main legal point established in the judgment is that a former employee is entitled to interest on delayed retirement benefits if the delay is attributable to the employer, as per the Railway Serv....
Interest on delayed DCRG payment is mandated under Rule 45-A(I-A) of the Tamil Nadu Pension Rules, post-exoneration, reinforcing the obligation to settle pension benefits timely.
Disciplinary proceedings must be initiated before retirement to continue post-retirement; unilateral alteration of service records without notice violates natural justice.
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....
Pension is a constitutional right and must be disbursed timely; claims for compensation due to delays require evidence and cannot be resolved in writ proceedings.
The main legal point established in the judgment is that a retrospective promotion without financial benefit does not necessarily violate the General Financial Rule, 1963, and Rule 9(1)(a) of the Rul....
Post of Director – Pension - Since pension Rules are beneficial legislation, therefore interpretation of such rules should be made liberally, if two interpretations of said rules are possible in view....
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