IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice J.SATHYA NARAYANA PRASAD
V. Latha – Appellant
Versus
Chief Manager, Pension Department, Mumbai – Respondent
| Table of Content |
|---|
| 1. the eligibility for pension requires adherence to specific qualifications and timelines outlined in pension schemes. (Para 1) |
| 2. (Para 2 , 3 , 4 , 5 , 6 , 8 , 10 , 12 , 14 , 15 , 17 , 18 , 19) |
| 3. court observes that the petitioner did not meet the qualifying service requirement for the pension. (Para 7 , 9 , 11 , 13) |
| 4. the amendment's applicability is scrutinized, reinforcing the need for compliance with set rules. (Para 16) |
ORDER :
1. The present writ petition has been filed challenging the impugned order passed by the first respondent dated 04.10.2019 and quash the same and consequential direction to the respondents to accept the Form-II submitted to the respondents vide application dated 21.08.2019 under the General Insurance (Employees') Pension Scheme, 1995 and to grant pensionary benefits to the petitioner.
2. The brief facts of the case are as follows:-
The case of the petitioner is that she is an ex-employee of the respondents' company and she had opted the Special Voluntary Retirement Scheme offered by the respondents' company and voluntarily retired from the service of the respondents' company on 12.03.2004 and the petitioner had completed 19 years 7 months
U.P. Roadways Retired Officials & Officers Assn. v. State of U.P.
Shashikala Devi v. Central Bank of India
U.P. Roadways Retired Officials & Officers Assn. v. State of U.P.
Pension is a right governed by specific eligibility criteria; failure to meet required service duration leads to denial of benefits.
Entitlement of retiral benefits - Counting of the periods of work-charged service and suspension, as qualifying service, shall make the total service of the petitioner as 20 years, which shall entitl....
The main legal point established in the judgment is that the failure to exercise the option to join a Pension Scheme, despite multiple opportunities, constitutes waiver of the right to claim benefits....
Resignation under CCS Pension Rules Rule 26 forfeits past service, barring pensionary benefits to employee or family despite service rendered; distinct from voluntary retirement; no retrospective app....
The court established that work-charged and unjustified suspension periods count towards qualifying service for pension eligibility, even post voluntary retirement, with limits on retrospective claim....
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