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SUJIT NARAYAN PRASAD, NAVNEET KUMAR
Shristidhar Mahato, son of Late Baidyanath Mahato – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
(Sujit Narayan Prasad, J.) :
1. The instant appeal, under clause 10 of the Letters Patent, is directed against judgment/order dated 15.06.2023 passed by learned Single Judge in W.P. (S) No. 7335 of 2016, whereby and whereunder the writ petition has been dismissed declining to interfere with impugned order dated 24.08.2016 by which the representation submitted by the petitioner, in pursuance to order passed in W.P. (S) No. 5307 of 2014, has been rejected.
2. Brief facts of the case, as per the pleading made in the writ petition, read as under:
3. The petitioner was appointed as State Information Commissioner vide letter no. 3899 dated 26.07.2006 along with five others. Accordingly, the petitioner joined as State Information Commissioner on 30.07.2006 and started to discharge his duties and after expiry of tenure of five years demitted his office on 31.07.2011.
4. After demitting the office on 31.07.2011, the petitioner submitted representation before the concerned respondent for the retiral benefits but it did not evoke any response as such he moved before this Court by filing writ petition being W.P. (S) No. 5307 of 2014, which was disposed of vide order dated 16.03.2016
The judgment establishes the principle of 'occupied field' in the context of pension entitlement, emphasizing that existing rules govern entitlement and that the State Government's policy decisions a....
Pension eligibility under the RTI Act requires prior pensionable service; State Information Commissioners are not entitled to superannuation pension as per the Act's provisions.
The court emphasized that the grant of pensionary benefits and the framing of rules for post-retiral benefits are matters of policy and legislative acts, and the existence of similar rules in other s....
The court established that 'other terms and conditions of service' includes pensionary benefits, affirming the petitioner's entitlement under the relevant statutes.
The main legal point established in the judgment is that teachers at State-aided educational institutions in Uttar Pradesh are governed by the Applicable Rules and not the Government Employees Rules.....
Family pension is included in the definition of pension under the Judges Act, entitling the spouse of a retired Chairperson to claim it.
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