Pension Schemes - Multiple references discuss pension schemes, including the Old Pension Scheme (OPS) of 2003, the New Pension Scheme (NPS) of 2009, and the Defined Contribution Pension Scheme. Notably, courts have examined entitlement rights, irregularities, and applicability of these schemes to different categories of employees. For instance, Assam Services (Pension) Rules, 1969, and notifications like the 2014 amendment impact pension calculations and entitlements Purnima Hore D/o Khitish Hore VS State of Assam - Gauhati, UNION OF INDIA vs JALE SINGH MEENA S/O SHRI LAHARI RAM MEENA - Rajasthan, BALORAM KARMAKAR AND 26 ORS vs THE STATE OF ASSAM AND 5 ORS - Gauhati.
Judicial Decisions on Pension Rights - Courts have addressed issues such as pension revision, eligibility, and the impact of scheme changes. The Supreme Court and High Courts have clarified that employees who were part of the Old Pension Scheme are entitled to benefits under it, especially in cases where the scheme was replaced or amended without clear provision for certain employee categories All India Judges Asson. VS Union of India - Supreme Court, NAZRUL ISLAM LASKAR vs THE STATE OF ASSAM AND 5 ORS. - Gauhati.
Specific Cases - Amrendra Kumar Mishra's case appears multiple times, reflecting legal proceedings related to pension entitlements, scheme applicability, and pension revisions. Courts have emphasized that pension benefits, including arrears and revisions, depend on the scheme under which employees were enrolled and the applicable legal provisions Amrendra Kumar, son of late Kameshwar Mishra VS State of Jharkhand through the Secretary/Principal Secretary, Drinking Water and Sanitation Department - Jharkhand, UNION OF INDIA vs JALE SINGH MEENA S/O SHRI LAHARI RAM MEENA - Rajasthan.
Key Insights - The legal landscape indicates a preference for protecting pension rights accrued under the Old Pension Scheme, especially when employees were enrolled before the introduction of NPS. Amendments and notifications, such as the 2014 change in the Pension Scheme, have significant implications for pension calculations and entitlements. Courts have consistently upheld the rights of employees to pension benefits based on their scheme and service records Purnima Hore D/o Khitish Hore VS State of Assam - Gauhati, NAZRUL ISLAM LASKAR vs THE STATE OF ASSAM AND 5 ORS. - Gauhati.
Analysis and Conclusion - The summarized sources reflect ongoing legal debates and rulings concerning pension entitlements, scheme applicability, and benefits for government and institutional employees, including judicial officers and teachers. The courts tend to favor safeguarding pension rights established under older schemes, especially when procedural irregularities or scheme amendments are involved. The case of Amrendra Kumar Mishra exemplifies these issues, highlighting the importance of scheme-specific entitlements and the judiciary's role in ensuring pension rights are upheld Amrendra Kumar, son of late Kameshwar Mishra VS State of Jharkhand through the Secretary/Principal Secretary, Drinking Water and Sanitation Department - Jharkhand, UNION OF INDIA vs JALE SINGH MEENA S/O SHRI LAHARI RAM MEENA - Rajasthan, NAZRUL ISLAM LASKAR vs THE STATE OF ASSAM AND 5 ORS. - Gauhati.
ORDER : (Sanjaya Kumar Mishra, J.) By filing this Letters Patent Appeal, the petitioner in W.P. ... He has also been paid pension calculating his date of service from the date of regular appointment. 4. ... (S) No.5323 of 2022, has assailed order passed by learned Single Judge on 21.12.2022, disposing his writ application on the ground that the entire retirement benefits have already been paid to the petitioner and the petitioner is at liberty to opt for Old Pension Scheme in terms of Notification dated ... General Prov....
(A) Assam Services (Pension) Rules, 1969 - New Pension Scheme, 2009 - Pension entitlements - Court examined entitlement of petitioners ... (iii) What constitutes a legal right for pension under relevant laws? ... (ii) Were there any irregularities impacting their pension entitlements? ... Amrendra Kumar Mishra, SBI vs. Mahatma Mishra, State of Karnataka vs. Ameerbi and State of M.P. vs. Sanjay Kumar Pathak]17. ... Defined ....
No. has become in fructuous – Held, Respondent No. 1 to raise existing pensions of the judicial officers of subordinate judiciary ... Shri Shrish Kumar Mishra, on instructions, seeks permission of this Court to withdraw this I.A. with liberty to approach the High Court for appropriate relief. 57. Permission sought for is granted. ... and were entitled to benefits of revision of pension as recommended by Justice Shetty Commission and duly approved by this Hon'ble Court. ... (ii) The qualifying period of 20 years for full pension....
Shri Ananda Nandan, learned Advocate appeared on behalf of Niyojit Teachers who were appointed after 2012. ... ... (3) The scales of pay and allowances, medical facilities, pension, gratuity, provident fund, and other prescribed benefits of teachers shall be at par for similar qualification, work and experience.” ... Anand Kumar Yadav and others, (2018) 13 SCC 560. ... 38. Mr. ... He relied upon extracts from book [“India – Development and Participation” by Jean Dreze and Amartya Sen] and particularly paragraphs 5 and ....
(Sanjaya Kumar Mishra, C.J.) (Ananda Sen, J.) ... No.27 of 2023 ---- Amrendra Kumar son of late Kameshwar Mishra, resident of Mohalla Gwalpara, Neemtalla Road, PO PS & District Pakur. ... Richa Sanchita, Advocate ---- 04/ 27.03.2023 Upon hearing the learned counsel for the parties, this Court passed the following, (Per Sanjaya Kumar Mishra, C.J.) ... SRI ANANDA SEN, J. ---....
(Paras 469 and 514) Per Sanjay Kishan Kaul, J. ... Sanjay Parikh, Mr. P.C. Sen, Ms. Nitya Ramakrishnan, Dr. Menaka Guruswamy, Mr. Muzaffar H. Baig and Mr. Gopal Sankaranarayanan appeared for the petitioners. Mr. Manish Tiwari, and Mr. Warisha Farasat also appeared for the petitioners. Mr. Irfan Hafeez Lone and Dr. ... 32 [Submissions on behalf of the petitioners by Senior Advocate Prashanto Chandra Sen] c. ... (C) No. 1368 of 2019 SANJAY KISHAN KAUL, J. ... Anand, The Constitution of J....
ANANDA HARI ROY, Father's/Husband's Name- Lt. ... Mishra, S/o Sri G.P. ... SANJAY KUMAR MISHRA, S/O LATE P. P. MISHRA, AGED ABOUT 51 YEARS, WORKING AS SR.SO(A) IN THE OFFICE OF FA&CAO/STORES/ER/KOL RESIDENT OF 105, SRI AUROBINDO ROAD, P O.-SALKIA, P S. ... SITA RAM MISHRA, Father's/Husband's Name- LATE S. L. ... SANJAY ADDYA, S/O LT.SANAT KR.ADDYA, AGED ABOUT 54 YEARS, WORKING AS AA IN THE OFFICE OF FA&CAO/PENSION....
It is also stated that 8.33% share of the employer’s contribution would be remitted to the Pension Fund (PF). By notification on 22.08.2014, clause 11(3) of the Pension Scheme was deleted with effect from 01.09.2014. ... Therefore, the relief claimed was that the employees would be entitled to pension under the EPS, 1995 based upon pensionable salary reckoned in accordance with the actual salary from the date of joining of the Pension Scheme. ... The arrears of pension falling due to the petitioners fro....
Amrendra Kumar Mishra, SBI v. Mahatma Mishra, State of Karnataka v. Ameerbi and State of M.P. v. Sanjay Kumar Pathak.) 17. ... Defined Pension Scheme. ... the Old Pension Scheme of 2003. ... ) Rules, 1969 or by the New Contributory Pension Scheme. ... Neither the Assam Service Pension Rules, 1969 nor the New Defined Contribution Pension Scheme makes any provision for such category of employees.
Amrendra Kumar Mishra, SBI v. Mahatma Mishra, State of Karnataka v. Ameerbi and State of M.P. v. Sanjay Kumar Pathak.) 17. ... Defined Pension Scheme. ... the Delhi High Court in the case of Shyam Kumar Choudhary (supra) held that the cases of the petitioners in the case of Sanjay Kumar & Another (supra) would be covered under the Old Pension Scheme of 2003. ... ) Rules, 1969 or by the New Contributory Pension Scheme. ... Neither the Assam Service #H....
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