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IN THE HIGH COURT OF ORISSA AT CUTTACK
V.NARASINGH
Laxmipriya Pattnaik – Appellant
Versus
Central Bank of India – Respondent
| Table of Content |
|---|
| 1. petitioner seeks family pension post husband's death. (Para 1 , 5 , 7 , 8) |
| 2. petitioner received advisories on pension eligibility. (Para 10 , 11 , 12 , 13) |
| 3. counter-arguments on pension eligibility due to service terms. (Para 14 , 19 , 20) |
| 4. regulations govern pension distribution after retirement. (Para 15 , 17 , 22) |
| 5. court's interpretation of voluntary retirement affecting pension. (Para 24 , 25 , 28) |
| 6. court mandates payment of family pension and interest. (Para 29 , 30 , 32) |
JUDGMENT :
V. Narasingh, J.
1. Petitioner a widow, who lost her husband 26 years ago has filed the writ Petition seeking intervention of this Court under Article-226 and 227 of the Constitution of India, for quashing Annexure-6 and 9 to the writ Petition denying her family pension and other terminal dues.
2. Heard Mr. Susant K. Dash, learned counsel for the petitioner.
3. None appeared for the opposite parties though the names of the counsel is on record.
4. This Court perused the counter affidavit filed on behalf of the Central Bank of India and its functionary opposite parties controverting the allegation in the writ Petition and seeking dismissal thereof, sworn to by the Assistant Region
Voluntary retirement acceptance precedes entitlement to family pension based on qualifying service; firm acknowledgment of the right to pension as a constitutional right.
The right to pension as a vested entitlement necessitates recognition of only legitimate dependents for the disbursement of retiral benefits, irrespective of the existence of previous marital ties.
Pension is a protected right under Article 300-A of the Constitution; denial of family pension to a legally wedded second wife without due process violates principles of natural justice.
Pension is a statutory right, and claims for pension cannot be denied based on delay, as it constitutes a recurring cause of action.
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....
The right to receive family pension under statutory provisions is in the nature of property and cannot be denied without due process of law. Administrative actions affecting parties must adhere to pr....
Family pension claims cannot be contingent on a testamentary disposition; entitlement is based on recognized marital status and official dependency designations, without requiring succession certific....
The entitlement of a divorced daughter to a share of the family pension under the Central Civil Services (Pension) Rules, 1972 and relevant office memorandums.
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