Back
SHEEL NAGU, S.A.DHARMADHIKARI
Ramnarayan Sharma – Appellant
Versus
State of M. P. – Respondent
Nagu, J. -- 1. This intra-Court appeal filed under section 2(i) of M.P. Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 assails the final order dated 6.9.2016 passed by learned Single Judge in Writ Petition No.7453/2014 whereby the petition in question assailing the recovery of GPF debit balance from the amount of gratuity withheld, has been dismissed.
2. Learned counsel for the rival parties are heard.
3. The questions of law which beg for consideration are as follow :
(i) Whether the amount of gratuity withheld at the time of superannuation (30.4.2012) could have been appropriated in 2014 for recovery of GPF debit balance of Rs.1,86,836/-?
(ii) Whether the said recovery can take place after more than two years of retirement?
4. Undisputed facts in nutshell are that the petitioner superannuated on 30.4.2012 from the post of Accountant from the Office of Civil Surgeon cum Chief Hospital Superintendent, Shivpuri. Full pension due to the petitioner was released at the time of superannuation. However 90% amount of gratuity was though sanctioned vide order dated 25.10.2012 but was not paid. The withheld gratuity amount was used for adjusting the GPF debit balance of R
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
A valid signature must be in the candidate's own handwriting, as emphasized by the General Clauses Act and relevant case law.
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
