Back
J. J. MUNIR
Suman – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
Hon'ble J.J. Munir,J.
1. Heard Mr. Aditya Vikram Bisen, Advocate holding brief of Mr. Samarth Singh, learned Counsel for the petitioner, Mr. Vimlesh Kumar Rai, learned Counsel appearing for respondent No. 2 and Ms. Monika Arya, learned Additional Chief Standing Counsel appearing on behalf of the State.
2. The petitioner's husband, the late Videsh, was a Safai Karmachari in the employ of the Nagar Palika Parishad, Ujhani, District Budaun (for short, 'the Nagar Palika'). He was a Class-IV employee.
3. The petitioner's case is that her husband was appointed in the establishment of the Nagar Palika on 01.11.1980. Her husband's date of birth recorded in the service book was 28.01.1961 and he retired from service upon attaining the age of superannuation on 31.01.2021. The petitioner's further case is that upon retirement from service, for reasons best known to the respondents, her husband did not receive any post retiral benefits for his long service that he had faithfully rendered. He died on 02.02.2023, leaving behind him, the petitioner as his widow and other family members. The deceased's family, including the petitioner, are without any financial support. There is an averment
An employer cannot recover salaries paid for work rendered by an employee beyond their retirement age if the employee was allowed to continue working based on the date of birth recorded in their serv....
The prohibition of recovery of emoluments paid for work rendered by an employee, even if beyond entitlement, as it would amount to begar, prohibited under Article 23 of the Constitution.
Retiral benefits are constitutional rights that cannot be denied without due process, and unproven allegations of forgery do not justify withholding such benefits.
Employers have a duty to conclude disciplinary proceedings before an employee's retirement, and delays in post-retiral benefit payments can incur interest liability.
Interest on delayed post-retiral benefits and accountability for bureaucratic negligence established, mandating 6% interest due to culpable delays.
Recovery of excess payments from the widow of a Class-III employee post-mortem is impermissible under law, reaffirming the principle established in Rafiq Masih case.
Continuous service, including periods as a daily-wager, must be considered for pension eligibility under the Uttar Pradesh Nagar Palika Non Centralized Services Retirement Benefits Regulations, 1984,....
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
