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VIPIN SANGHI, R.C.KHULBE
Uma Shankar Sharma – Appellant
Versus
Secretary, Training & Technical Education Department – Respondent
JUDGMENT :
Vipin Sanghi, J.
The petitioner assails the order dated 21.07.2020, passed by the State of Uttarakhand, wherein the stand taken by the State is that the State is not bound by the Office Memorandum dated 29.08.1984 read with communication dated 07.02.1986. The said decision was communicated to the petitioner in consequence of the judgment dated 13.11.2019, rendered in Writ Petition (S/B) No. 611 of 2018, earlier preferred by the petitioner.
2. The background facts may first be noted. The petitioner was serving in Bipin Tripathi Kumaon Institute of Technology, Dwarahat (for short ‘BTKIT’), District Almora, in the capacity of Assistant Registrar. While serving with BTKIT, the services of the petitioner were pensionable under the old pension scheme. He had been confirmed on the post of Assistant Registrar in BTKIT on 04.09.2001. While he was so serving, he on his own found an employment, on contractual basis, as Deputy Registrar of the Motilal Nehru National Institute of Technology, Allahabad, Prayagraj, Uttar Pradesh (for short “MNNIT’). The petitioner routed his application for the post of Deputy Registrar in MNNIT, through proper channel. After his selection, he was appointe
The main legal point established in the judgment is the interpretation of the Office Memorandum and communication regarding the entitlement to pensionary benefits for services rendered in different i....
Past service counts towards pension eligibility for full-time employees despite previous contractual status, aligning with government policy.
The liability to pay the pension and other benefits payable under the provisions of the Maharashtra Civil Services (Pension) Rules, 1982 would be that of the State Government and not the University o....
The court affirmed that the re-employment status of a pensioner does not guarantee protection under Article 311 unless explicitly stated, and discretion in termination remains with the appointing aut....
The main legal point established is that interrupted service, if regularized without break, can be counted for pensionary benefits under the relevant rules and office memorandum.
The central legal point established in the judgment is the interpretation of the eligibility criteria of the pension scheme for non-teaching staff under the Government Resolution dated 14.09.1988, an....
Existing pension at the rate of Central University be stopped - petitioner had been substantively appointed in the post of the Registrar of Tripura University. Hence, the service rendered by the peti....
prohibits State Government from interfering with the internal administration of the University in absence of any provision made in the Act itself the decision of the University itself that they will ....
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