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SUNITA AGARWAL, VIKAS BUDHWAR
Rana – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. writ petition for pension benefits. (Para 2 , 3) |
| 2. appellant's disciplinary history. (Para 4 , 5 , 6) |
| 3. court's determination of punishment. (Para 11 , 12 , 13) |
| 4. adjustment of retirement benefits. (Para 36 , 37 , 38) |
| 5. judgment set aside and petition allowed. (Para 62 , 63) |
JUDGMENT
Sunita Agarwal, J.
Heard Sri M.S. Rana the writ petitioner/appellant in person, Sri Pankaj Rai and Sri Namit Srivastava learned Advocates appearing for the respondent bank.
2. This special appeal is directed against the judgement and order dated 20.4.2022 passed by the learned Single Judge in dismissing the Writ Petition No.27947 of 2018 ( M.S. Rana v. Union of India & others) filed by the appellant/petitioner namely MS. Rana. Sri MS. Rana, the appellant has appeared in person to argue the appeal. Shri Pankaj Rai and Sri Namit Srivastava have appeared for the respondent-bank. The writ petition, out of which the instant appeal has arisen, was filed with various reliefs amongst other as under:-
An employee who successfully contests compulsory retirement is entitled to full benefits, including service time lost during the retirement, highlighting the judicial emphasis on proportionality in d....
Period of service excluded due to unjust compulsory retirement must be counted for benefits upon reinstatement as per judicial directives, ensuring equitable treatment for employees.
The main legal point established in the judgment is that the proceedings issued by the High Court were for the purpose of regularization of the petitioner's service and fixation of pension, and not f....
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 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....
Withholding gratuity post-retirement without notice or opportunity to contest alleged incorrect pay fixation is impermissible and deemed harsh.
Compliance with employment regulations, authority of the disciplinary manager, and the petitioner's failure to represent his case and claim his dues were crucial in determining the outcome of the cas....
The main legal point established in the judgment is that the dismissal of an employee must be proportionate to the misconduct, and in this case, the court found the dismissal to be disproportionate a....
Exercise jurisdiction under Article 226 of Constitution of India, as far as justiciability of order of penalty is concerned - Order of penalty so confirmed by appellate authority and prayers made in ....
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