IN THE HIGH COURT OF KERALA AT ERNAKULAM
Sushrut Arvind Dharmadhikari, J, Syam Kumar V.M.
Chairman and Managing Director, Kerala State Road Transport Corporation – Appellant
Versus
Mathew John, S/O. P.M. John – Respondent
| Table of Content |
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| 1. the court applied the doctrine of approbate and reprobate, emphasizing fairness in accepting benefits. (Para 12) |
JUDGMENT :
The present intra court appeal under Section 5 of the Kerala High Court Act , 1958, assails the judgment dated 22.11.2013 passed in W.P(C)No.6492 of 2009, whereby the learned Single Judge has allowed the writ petition and directed the appellants herein to re-compute the pension and other retirement benefits reckoning the period of leave along with consequential benefits. The appellants were the respondents in the writ petition and the respondent was the petitioner.
3. The issue involved in the writ petition was whether the period of LWA can be reckoned as qualifying service for the purpose of computing pension and other retirement benefits. Vide the impugned order, the appellant authorities had reduced the above mentioned period while reckoning the qualifying service. Being aggrieved, the respondent had filed the writ petition seeking a declaration that he is entitled to count his past services including the period of leave for computing the pension and other benefits. He also prayed for consequential benefits with regard to disbursement of pen
The period of Leave Without Allowance cannot be counted towards qualifying service for pension if explicitly stated in the leave sanction order.
The court upheld that periods of leave without allowance should count towards pension eligibility if taken before a specific date, confirming prior judgments and directing pension recalculation.
Only regular full-time service qualifies for pension; leave vacancy service does not count under the amended rules effective at the time of retirement.
Pension eligibility cannot be claimed without meeting statutory service requirements and timely judicial action against employment decisions.
Pension benefits are statutory; without proper remittance from associated parties, previous service is not eligible for pension computation.
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....
Interruption in service of an employee will not count for pension: Provided that regular service before interruption is eligible to be reckoned as qualifying service for pension and period of such in....
Point of law: Service that was once considered for inclusion in the qualifying service for pension was the provisional service envisaged under Rule 9 (a) (i) of the KS&SSR - Although such provisional....
Pension is a property right protected under Article 300A of the Constitution, requiring just procedures for sanction and review of claims.
Pension eligibility requires strict adherence to qualifying service calculations, excluding periods of leave on loss of pay as per the applicable pension rules.
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