Back
RAJ MOHAN SINGH
Bhagat Ram Aggarwal – Appellant
Versus
Haryana Warehousing Corporation – Respondent
JUDGMENT
Mr. Raj Mohan Singh, J.
The petitioner has preferred this writ petition for the issuance of an appropriate writ in the nature of certiorari, quashing the impugned order dated 06.11.2009 (Annexure P-3) passed by the respondent No.3 and also the order dated 05.06.2014 passed by the respondent No.2 in appeal. The challenge has also been made to the order dated 05.01.2015, vide which the second appeal of the petitioner was dismissed on the ground of non-maintainability and order dated 17.03.2015 passed by the respondent No.3, vide which even balance amount has been ordered to be recovered from the pension of the petitioner. The writ in the nature of mandamus is also sought, directing the respondents to release all the retiral benefits recovered from the petitioner along with interest in terms of instructions dated 20.02.2002 issued by the Finance Department.
2. The petitioner was working in the respondent-Department. He got his age of superannuation on 30.06.2005 and ultimately, superannuated from the services of the respondent Corporation. After the retirement, the petitioner being a retired employee is governed by the Haryana Warehousing Corporation Employees Pension Regulati
The central legal point established in the judgment is that recovery from retiral dues after retirement is impermissible in certain situations, and the protection of pension and gratuity rights of re....
Amendments to regulations cannot apply retrospectively to actions taken before their enactment, but an employee's undertaking may allow for recovery in certain circumstances.
The central legal point established is that recovery orders and disciplinary proceedings under Rule 7 of the 1992 Rules cannot be initiated against a retired employee beyond four years of the inciden....
Withholding gratuity post-retirement without notice or opportunity to contest alleged incorrect pay fixation is impermissible and deemed harsh.
Point of law: doctrine of equality is a dynamic and evolving concept having many dimensions. The embodiment of the doctrine of equality can be found in Articles 14 to 18 contained in Part III of the ....
The recovery order and withholding of retiral dues without proper procedure and opportunity for the petitioner to be heard were illegal and arbitrary, and the petitioner was entitled to interest on t....
Retired employees cannot be penalized with recovery from retiral dues without prior disciplinary proceedings being initiated during service, upholding procedural compliance under relevant regulations....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
