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Beenamma – Appellant
Versus
Kerala State Co operative Employee Pension Board – Respondent
JUDGMENT :
The Writ Petition is filed by the petitioner seeking for a direction to the respondents 1 and 2 for the grant of full pension to the petitioner by reckoning her service for the period from 21.5.1985 to 20.02.1988 with arrears thereof. She has also sought for quashing Ext.P4 to the extent full pension is not sanctioned.
2. Succinctly, the brief facts of the case read as follows:
The petitioner was appointed as Junior Clerk on 22.01.1985. However, the resolution by which the petitioner was appointed was rescinded by the Joint Registrar on 15.5.1985. The same was challenged in O.P. No.6374 of 1985. By Ext.P1 judgment the same was set aside and the Joint Registrar was directed to hear the petitioner and take a fresh decision. It is pertinent to note that the petitioner was continuing during the interregnum by virtue of the interim order granted by this Court. Later, the Joint Registrar issued order on 31.12.1987 permitting the petitioner to continue in service and directed the Bank to reinstate the petitioner in service. Accordingly, on 21.2.1988, the petitioner was readmitted to duty by the Bank. However, the petitioner’s request for all service benefits including pay and allo
The court affirmed that the entire service period must be considered for pension calculation, emphasizing the importance of fulfilling statutory obligations.
The court established that legal entitlements to pension benefits cannot be denied based on procedural arguments when prior judgments have recognized such entitlements, reinforcing the principle of e....
Retiral benefit like gratuity being a property right as enshrined in Article 300A of the Constitution, the right to gratuity or pension can be deprived or forfeited or withheld only by a statutory pr....
The entire past services of daily-wager are liable to be reckoned for pensionary benefits, and the calculation of pension should consider the years with 240 days of service as per the Industrial Disp....
The main legal point established in the judgment is the entitlement of employees to have their past services counted for pensionary benefits, as per the provisions of the Industrial Disputes Act and ....
The main legal point established in the judgment is that the benefits of pension to daily wagers should be calculated from the date of their initial appointments, as per the Government Resolution dat....
Pension rights depend on the fulfillment of predetermined conditions, and cabinet decisions lack enforceability without formal executive orders.
The court emphasizes the necessity of undertaking inquiry under prescribed statutes for pension contributions and allows the waiver of interest on delayed payments based on genuine contestation.
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