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KARDAK ETE, N. UNNI KRISHNAN NAIR
State of AP – Appellant
Versus
Joram Alla @ Salla – Respondent
JUDGMENT :
N. Unni Krishnan Nair, J.
The State by way of instituting this intra-Court appeal, has presented a challenge to the judgment & order, dated 22.08.2022, passed by the learned single Judge in WP(c)370(AP)2022.
2. The basic facts requisite for a decision on the issues arising in the present appeal, is noticed as under:
The authorities vide communication, dated 22.08.1995, had allowed the sole respondent/writ petitioner to cross the efficiency bar in the scale of pay drawn by him @ Rs. 950-1400/- p.m.. While serving, as such, at Ziro; the sole respondent/writ petitioner had proceeded to avail Earned Leave for 65 days w.e.f. 15.10.1996 to 18.12.1996 and on expiry of the
Termination of service must be communicated effectively; otherwise, it lacks legal force, especially for regular employees protected under specific service rules.
A government servant must complete 20 years of qualifying service under Rule 48-A of the Pension Rules to be eligible for voluntary retirement, with unauthorized leaves excluded from service calculat....
Termination of service without due process is illegal; absence should be treated as resignation, not termination.
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....
Dismissal after imprisonment for the same offense constitutes double punishment; the period of dismissal must be treated as qualifying service for pension computation.
The court established that administrative errors should not deprive an employee of pension benefits, emphasizing the importance of proper management of service records.
Pension eligibility cannot be claimed without meeting statutory service requirements and timely judicial action against employment decisions.
When the petitioner was not eligible to submit a notice to retire under Rule 48-A, rejection was beyond the period of three months and the petitioner is deemed to have retired is unsustainable.
Pension and retiral benefits cannot be claimed for absent periods of service without active engagement or duty, affirming ‘No Work, No Pay’ principle.
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