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RAJ MOHAN SINGH
Rajender Singh – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. factual background regarding petitioner's promotion and retirement. (Para 1 , 2) |
| 2. arguments on promotion conditions and unjust withdrawal of benefits. (Para 3 , 4 , 5 , 6) |
| 3. court's rationale for ruling against withdrawal of benefits. (Para 7) |
JUDGMENT
Raj Mohan Singh, J. (Oral)
The petitioner has preferred this writ petition for the issuance of an appropriate writ in the nature of certiorari, quashing the order dated 02.02.2016 passed by the respondent No.2, whereby the claim of the petitioner for releasing increments has been rejected and the entire retiral benefits viz. gratuity, commuted pension and revised pension were withheld and the same were released in the years 2018 and 2019 after about four years of the retirement of the petitioner from the post of Clerk.
2. Brief facts of the case are that the petitioner was appointed as an Orderly on 12.08.1981 as a Class-IV employee. In the year 2002, the petitioner met with an accident and received injuries, thereby making him 30% permanently disabled due to Ankylosis Wrist of right hand and was unable to do writing work. The petitioner was promoted to the post of Clerk w.e.f. 26.10.2004 on the basis of his seniorit
Withdrawn increments were classified as special rather than promotional, which justifies the action based on the Punjab Civil Services Rules and related Supreme Court decisions.
An employee is entitled to one increment on completion of one year of service, even if the increment falls on the day after retirement.
Service Matter - Suspension - Quashed - When impugned punishment order has been quashed, petitioner shall be restored back in a position which stood on date of passing such order which has been quash....
The promotion benefits cannot be revoked post-retirement, and recovery of excess payments based on prior administrative error is impermissible. The retiring employee is entitled to all benefits relat....
Government servants are entitled to annual increments after retirement for the services rendered over a year with good behavior and efficiency, as interpreted by the Division Bench of the Court and t....
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