Back
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NAMAVARAPU RAJESHWAR RAO
B. Shankar Rao (Died) Per LRs. – Appellant
Versus
Nizam's Institute of Medical Sciences, Punjagutta – Respondent
| Table of Content |
|---|
| 1. writ petition for terminal benefits posthumously. (Para 1 , 3) |
| 2. arguments regarding the deceased employee's terminal benefits entitlement. (Para 4 , 5) |
| 3. dispute concerning resignation and effects of unauthorized absence. (Para 6 , 7) |
| 4. withdrawal of resignation permitted if not yet accepted. (Para 14 , 16) |
| 5. compensation to deceased's family despite misconduct. (Para 18 , 20) |
| 6. final compensation order issued by the court. (Para 21 , 22) |
ORDER :
1. This writ petition is filed to direct the respondents to treat that the deceased employee as on duty from his joining until he attained the age of superannuation, i.e. 30.04.2019, and to grant all other promotional and consequential benefits.
2. Heard Sri T.P. Acharya, learned counsel for the petitioners and Sri Koya Prabhakar Reddy, learned Standing Counsel for Nizam Institute of Medical Sciences, appearing for respondents.
3. The brief facts of the case are as follows:-
(a) Since the original petitioner by name Dr. B. Shankar Rao (hereinafter referred to as “deceased employee”) died during the pendency of the Writ Petition, his legal representatives were brought on record as petitioners No.2 to 4.
(b) The deceased employ
An employee may withdraw their resignation at any time before acceptance; failure to act on resignation renders it unaccepted.
No disciplinary proceedings can be initiated against a deceased employee; any termination order issued posthumously is void and ab initio.
Disciplinary proceedings must be initiated before retirement to continue post-retirement; unilateral alteration of service records without notice violates natural justice.
An employee's right to pension is statutory and cannot be forfeited without due process, emphasizing the need for formal inquiry before denying benefits due to unauthorized absence.
Point of Law : The Board in exercise of power conferred under Section 33 read with Section 34 of IIIT Act with the approval of the Visitor notified the First Statute of IIIT. Statute 10 provides term....
Pension and gratuity are not bounty but property within the meaning of Article 300-A of Constitution of India.
Resignation – Withdrawal of such resignation by employee prior to effective date is permissible.
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
