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SAUMITRA DAYAL SINGH, DONADI RAMESH
Vinod Chandra Misra – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
1. Heard Shri V.K. Singh, learned Senior Advocate assisted by Shri Nand Lal, learned counsel for the petitioner and Ms. Kritika Singh, learned Additional Chief Standing Counsel for the State.
2. Present petition has been filed to assail part of the order dated 15.11.2017 passed by the Principal Secretary, Department of Law, Government of Uttar Pradesh. That order arose on an earlier direction issued by the writ Court in Writ A No.20593 of 2015 decided on 15.04.2015. Therein it was observed as below:-
3. While dealing with the representation thus filed, the State Government took an informed decision sanctioning pension equivalent to that payable to a retired Chief Justice of a High Court. That
Family pension is included in the definition of pension under the Judges Act, entitling the spouse of a retired Chairperson to claim it.
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....
Pension is a statutory right, and claims for pension cannot be denied based on delay, as it constitutes a recurring cause of action.
Point of law: “Congress was confronted with the formulation of policy peculiarly within its wide swath of discretion. It would be a singular intrusion of the judiciary into the legislative process to....
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.
(1) Pensionary Benefits of Judges in Higher Judiciary – Union of India shall pay full pension of Rs.15,00,000/- per annum to a retired Chief Justice of High Court – Union of India shall pay full pen....
The main legal point established in the judgment is the entitlement of a former Judge of the High Court to blend her service periods and have her pensionary payments computed based on her last drawn ....
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