Pensionary benefits, including gratuity and commutation for employees in grant-in-aid posts, are admissible only from the date the post was officially admitted to the grant-in-aid scheme.

APHC010051992014

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the action of the 2nd respondent in not paying the full payment of gratuity, commutation amount and pension amount inspite of petitoner representation dt. 4.6.2014 followed by repeated visits,as being illegal and arbitrary and consequently directs the respondent authorities to pay the full gratuity, commutation, pension amount without any recovery, and to grant such other relief or reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case.

IA NO: 1 OF 2014(WPMP 51404 OF 2014

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to pass orders directing the respondent No.2 herein to forthwith consider and pass orders OP the representation dt. 4.6.2014 pending disposal of the main Writ Petition, in the interest of justice

The Court made the following:

ORDER:

1. The notice addressed to the petitioner was returned unserved with an endorsement that the addressee had left without instructions.

2. The learned Assistant Government Pleader appearing for the respondents submits that the petitioner’s proposals for sanction of pension benefits have been forwarded to the concerned officer and that the petitioner has attained the age of superannuation. It is further submitted that the petitioner would be entitled to service pension; however, she would not be entitled to gratuity and commutation, as the post was admitted to grant-in-aid with effect from 01.04.1992. Therefore, the petitioner is entitled to service benefits only from the date on which the post was admitted into grant-in-aid.

3. Recording the above observation, the writ petition is closed. There shall be no order as to costs.

As a sequel, miscellaneous petitions pending, if any, shall stand closed.