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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
NAMIT KUMAR
Puda Employees Welfare Society (Regd.) – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Namit Kumar J.
This judgment shall dispose of CWP No. 19659 of 2017, CWP No. 17385 of 2018, CWP No. 10705 of 2019, CWP No. 17957 of 2020 and CWP No. 25094 of 2023, as common questions of law and facts are involved for adjudication. For the sake of convenience, facts are taken from CWP No. 19659 of 2017 titled as "PUDA Employees Welfare Society (Regd.) vs State of Punjab and others".
2. The petitioner has approached this Court by way of filing the instant petition under Article 226 of the Constitution of India, seeking a writ of Certiorari, quashing the letter dated 12.10.2016 (Annexure P-9), whereby the proposal to implement the pension scheme, as approved by the competent authority i.e. respondent No. 3, has been rejected and further setting-aside the letter dated 11.11.2016 (Annexure P-10) vide which the decision of Finance Department has been conveyed by respondent No. 1, to respondent No. 3. Further a writ of mandamus has been sought for directing respondent No. 3 to implement the pension scheme for the members of the petitioner -Society in view of Agenda Item No. 4.11, which has been duly approved in the meeting held on 09.11.1996, by the competent authority.
3. Necessa
Power to control appointment and power to put restrictions are distinct and different from power to determine service conditions of officers and servants of Board.
The Odisha Development Authorities (Retirement Benefit of the Employees) Rules, 2015 are declared ultra vires, affirming the right of employees appointed prior to 01.01.2005 to receive pension benefi....
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....
Denial of pension to employees of aided institutions appointed prior to promulgation of Rajasthan Civil Services (Contributory) Pension Rules, 2005 at par with Government servants as per Pension Rule....
Pension scheme-petitioners having admittedly received the entire CPF amount along with the due interest without any demur or protest, upon their retirement, they cannot be permitted to retract now at....
The court affirmed that dearness allowance for pensioners is a statutory right under Rule 20A and cannot be altered by administrative orders, emphasizing the finality of judicial decisions.
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