AI Overview...
- Proper Channel Application - Applying through proper channels is essential for service recognition, pension benefits, and avoiding forfeiture of entitlement; failure to do so can lead to loss of benefits or service forfeiture (02800003175, 02300032504).
- Break in Service - Service breaks can impact pension qualification and service counting; courts often examine whether there was a continuous, proper-channel application without interruption to determine eligibility (02300026119, 02300026196, 02100125197, 01300009079).
- Service Counting for Pension - Courts generally favor counting entire service, provided it was obtained through proper channels and without breaks, for pension and other benefits; interruptions or unauthorized transfers may lead to rejection of claims (02300026119, 02300026196, 01900014005).
- Administrative and Legal Framework - Rules such as Tamil Nadu Pension Rules, Punjab Privately Managed Schools Act, and government schemes emphasize proper channel application and continuous service for pension qualification (02100125197, 02300026119, 02300026196).
- Consequences of Improper Procedure - Applications not made through proper channels or with breaks may result in denial of pension benefits or service count, as courts scrutinize adherence to procedural requirements (02800003175, 02300015389).
- Specific Case Insights - Courts have ordered counting of service and arrears when proper procedures were followed; conversely, service falling short of qualifying periods due to procedural lapses is rejected (02300015389, 02300056697).
Analysis and Conclusion:
Applying through proper channels is crucial for service recognition and pension benefits. Service breaks or procedural lapses can adversely affect eligibility. Courts tend to favor counting continuous, properly-channelled service for pension and related benefits, provided all procedural requirements are met. Ensuring proper application and documentation is essential to secure entitlements.
Search Results for "Break in Service Proper Channel"
2022 0 Supreme(Tri) 198 • India - Tripura
T. AMARNATH GOUD
through proper channels, leading to forfeiture of past service entitlement. ... (Para 26) ... ... (C) Administrative law - Requirements for proper channel application and the consequences of ... service break. ... (c) The candidate for direct recruitment has applied through proper channel only. ... The petitioner has made a representation on 24.09.2018 through proper channel to the Director of ....
2007 0 Supreme(P&H) 1165 • India - Punjab and Haryana
M.M.KUMAR, RAJESH BINDAL
qualifying service for the purpose of pension. ... Issues: The main issue was whether the petitioners' entire service should be considered as qualifying service for pension ... Finding of the Court: The court found that the petitioners' entire service deserved to be counted as qualifying service ... Gate, Amritsar, through proper channel and without any break. ... Rejecting the objection that the petitioner did not apply for his transfer to other ....
2007 0 Supreme(P&H) 1074 • India - Punjab and Haryana
RAJESH BINDAL, M.M.KUMAR
PENSION - Service Qualification - Punjab Privately Managed Recognised Schools (Security of Service) Act, 1979, Punjab Privately ... Finding of the Court: The court found that the petitioner's entire service should be counted as qualifying service ... The petitioner's service details were contested, and the claim was rejected by respondent No. 3. ... Gate, Amritsar, through proper channel and without any break. ... It is claimed that the petitioner ....
2017 0 Supreme(Mad) 2409 • India - Madras
V.PARTHIBAN
PENSIONARY BENEFITS - Service Counting - Tamil Nadu Pension Rules, 1978 - Rule 23, Rule 25 - D. Vijayarangan Vs. ... Bench), Madurai (2008 (6) CTC 700) Fact of the Case: The petitioner sought to count past service in the Motor Vehicle ... The court also noted the provision for condonation of interruption in service under Rule 25 and relied on the decision in D. ... However, the request was rejected by the Government on 12.08.2002 only on the ground that the period of break in service was more than four....
2014 0 Supreme(Megh) 285 • India - Meghalaya
T.NANDAKUMAR SINGH
ACPS - Government Employees - Assured Career Progression Scheme - [Meghalaya Services (Revision of Pay) Rules, 2009, Assured Career ... However, past continuous service in another Department of the Government of Meghalaya in a post carry identical scale of pay prior to regular appointment through proper channel in a new Department, without break shall also be counted towards qualifying regular service for the purpose of the Scheme only ... There shall be two financial up-gradations und....
2015 0 Supreme(P&H) 530 • India - Punjab and Haryana
JITENDRA CHAUHAN
The court ordered the respondents to count the service and pay any accrued arrears to the petitioner. ... Pensionary Benefits - Service Counting - Haryana Aided Schools (Special Pension & Contributory Provident Fund) Rules, 2001 - Rule ... 5(3) Fact of the Case: (i) The service rendered on attaining the age of 18 years on aided sanctioned post; ... (ii) The service rendered till the attainment of the age of sixty years in the case of Group-D employee, and in case of others, service rendered till the att....
1999 0 Supreme(Guj) 418 • India - Gujarat
M.S.SHAH
Constitution of India, 1950 – Article 226 – Employment and Service matter – Pays scale – Government Resolution ... Secretary (English Stenographer Grade I) on establishment of this Court in pay scale where his pay was protected – Held, On basis of services ... Secretaries (English Stenographer Grade I) in the City Civil Court in the pay scale shall be counted for this purpose, though such services ... Such an employee who applies through proper channel and gets selected for any other post in the #HL_STA....
2009 0 Supreme(P&H) 1131 • India - Punjab and Haryana
SATISH KUMAR MITTAL
, resulting in the service period falling short of the 10-year qualifying service requirement. ... Finding of the Court: The court found that the petitioner's service did not meet the qualifying service requirement ... Ratio Decidendi: The court held that the petitioner's service period did not fulfill the conditions for qualifying service ... Provided that the official has been appointed through proper channel on aided sanctioned post and the app....
1997 0 Supreme(P&H) 1687 • India - Punjab and Haryana
AMARJEET CHAUDHARY, V.S.AGGARWAL
The court found that the petitioners had applied for permission to join KVS through proper channels and had obtained a No Objection ... the petitioners satisfied the conditions laid down in the instructions, as they had applied for permission to join KVS through proper ... SERVICE TO JOIN CENTRAL GOVERNMENT SERVICE - ENTITLED TO COUNT PAST SERVICE FOR PENSION AND GRATUITY - CONDITIONS. ... The only other condition is that proper permission before joining the new post ....
2015 0 Supreme(J&K) 289 • India - Jammu and Kashmir
N.PAUL VASANTHAKUMAR, ALI MOHAMMAD MAGREY
University, and there was no break in service. ... , along with the adhoc service, should be counted for pension benefits, as there was no break in service and both services were pensionable ... The court emphasized that there was no break in service and both services were pensionable, leading to the dismissal of the appeal ... His selection in the University was made on the basis of an application submitted through proper....
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