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KULDEEP MATHUR
Ramdayal Balai S/o Shri Narain Balai – Appellant
Versus
Oriental Insurance Company Limited – Respondent
ORDER :
1. By way of filing present writ petition, the petitioner has prayed for following reliefs:
(II) The petitioner who voluntarily retired and completed almost 19 years of service, be declared entitled for pension and commutation of pension under clause 14 of the Pension Scheme, 1995.
(III) The respondents may be directed to release the pension and commutation of pension to the petitioner with interest.
(IV) That the respondents may be further directed to revise the basis pay and other allowances of the petitioner as per revision of pay scales as notified on 08.10.2010 by the Government of India.
(V) The respondents may be further directed to revise the gratuity after revision of pay scale with interest.
(VI) The respondents may also be directed to release GSLI, Leave encashment, MBIS and other retiral benefits with interest to the petitioner.
(VII) Any other appropriate writ, order or direction as may be deemed just and proper in the fac
An employee must fulfill the eligibility criteria, including completing the required years of service, to be entitled to pension benefits under the Pension Scheme, 1995. Additionally, approaching the....
The main legal point established in the judgment is that the distinction between voluntary retirement and resignation, as well as the forfeiture clause under the Indian Overseas Bank (Employees') Pen....
Pension is a right governed by specific eligibility criteria; failure to meet required service duration leads to denial of benefits.
Resignation and retirement have different legal implications, and the scope of a pension scheme may not extend to resigned employees.
Employees are entitled to benefits only as per the terms of the Voluntary Retirement Scheme, and once an employee opts for voluntary retirement and avails the benefits, they cannot claim ignorance of....
The judgment established the distinction between resignation and voluntary retirement, upheld the disqualification of pensionary benefits in case of resignation, and emphasized that the petitioner kn....
Resignation entails forfeiture of past service, making the employee ineligible for pensionary benefits.
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