AI Overview...
-
Payment of Arrears after Retirement - Teachers are entitled to receive arrears of pension and other retirement benefits, often with interest, from the date they become due until payment is made. Courts have emphasized that delays in payment violate property rights and warrant interest compensation ABDULSULTAN A. MANJI VS STATE - GujaratABRAHAM THOMAS Vs THE STATE OF KERALA AND OTHERS - Kerala.
-
Delay and Non-Payment of Salaries/Benefits - Courts have directed authorities to clear arrears arising from pay revisions (e.g., Sixth Pay Commission) and ensure timely payment of salaries, gratuity, GPF, and other benefits. In some cases, directives include payment of interest on delayed dues, often at rates like 9% or 18% per annum Delhi Sikh Gurdwara Management VS Ravinder Kaur Bhatia - DelhiSandhir Samad VS State of Jharkhand - JharkhandKishan Singh Gupta VS State Of Punjab - Punjab and HaryanaBhagwan Prasad Sharma VS State Of Bihar - Patna.
-
Responsibility for Payment - Supreme Court and High Courts have held that the respective institutions or government bodies are responsible for disbursing salaries and arrears, regardless of grant releases, emphasizing the obligation to fulfill pension and retirement benefit payments promptly Kishan Singh Gupta VS State Of Punjab - Punjab and HaryanaLaliteshwar Prasad and Anr vs The State Of Bihar and Ors - Patna.
-
Notional Promotions and Recalculation - Courts have ordered notional promotions and recalculations of retirement benefits based on last drawn pay scales to balance equities and ensure fair pension computation, including arrears adjustments State Of Bihar VS Raj Kumar Prasad Singh S/o Late Deodhari Singh, Presently Posted As Assistant Teacher - Patna.
-
Interest on Delayed Payments - Multiple judgments specify that delayed pension or salary payments should attract interest, with rates varying from 9% to 18% per annum, to compensate for the delay and uphold property rights of teachers ABRAHAM THOMAS VS STATE OF KERALA HIGHER EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - KeralaABRAHAM THOMAS Vs THE STATE OF KERALA AND OTHERS - Kerala.
-
Specific Orders for Payment - Courts have issued directives for authorities to process and pay entire outstanding salaries, arrears, and retirement benefits via writs of Mandamus, often setting timelines for compliance and interest calculation from specific dates Laliteshwar Prasad and Anr vs The State Of Bihar and Ors - PatnaABRAHAM THOMAS Vs THE STATE OF KERALA AND OTHERS - Kerala.
Analysis and Conclusion:
Courts consistently affirm that teachers are entitled to timely payment of arrears, salaries, and retirement benefits, including interest for delays. The responsibility lies with the respective authorities or institutions to ensure prompt disbursement, and judicial orders often include interest provisions to compensate for delays. Revisions in pay scales and promotions are to be factored into calculations, with specific directives issued to enforce these rights.
References:
- ABDULSULTAN A. MANJI VS STATE - Gujarat, Delhi Sikh Gurdwara Management VS Ravinder Kaur Bhatia - Delhi, Sandhir Samad VS State of Jharkhand - Jharkhand, Kishan Singh Gupta VS State Of Punjab - Punjab and Haryana, State Of Bihar VS Raj Kumar Prasad Singh S/o Late Deodhari Singh, Presently Posted As Assistant Teacher - Patna, Bhagwan Prasad Sharma VS State Of Bihar - Patna, Benoy Bhushon Chakraborty VS STATE OF WEST BENGAL - Calcutta, ABRAHAM THOMAS VS STATE OF KERALA HIGHER EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - Kerala, Laliteshwar Prasad and Anr vs The State Of Bihar and Ors - Patna, ABRAHAM THOMAS Vs THE STATE OF KERALA AND OTHERS - Kerala
Search Results for "Payment of Arrears after Retirement Teachers"
1999 0 Supreme(Guj) 617 • India - Gujarat
M.S.SHAH
p. a. from 1-11-1991 or date of retirement, whichever is later, till the date of payment, or till adjustment against refund of contributory ... by virtue of this judgment for the period from the date of retirement till 31-10-1991 – Amount of arrears of pension payable to ... Amount of arrears of pension payable to law teachers who retired on or after 1-4-1982 shall be paid with interest at rate of 9% ... (iv) The amount of arrears of pension payable to law t....
2022 0 Supreme(Del) 862 • India - Delhi
NAJMI WAZIRI, VIKAS MAHAJAN
Delay Condonation - Non-payment of Teachers' Salaries - Compliance with Pay Commission Recommendations Fact of the Case: ... Issues: Non-payment of teachers' salaries, compliance with Pay Commission recommendations, financial difficulties of the appellants ... The court directed the appellants to clear the arrears of approximately 25% under the Sixth Pay Commission by specific dates and ... The latter event led to upward revision and enhancement in the monthly remuneration of teachers....
2013 0 Supreme(Jhk) 224 • India - Jharkhand
APARESH KUMAR SINGH
benefits, along with payment of arrears of GPF amount with interest. ... Issues: Entitlement to second time bound promotion, payment of arrears of GPF amount with interest, and disposal of petitioner's ... Time Bound Promotion - Service Benefits - Bihar Taken Over Elementary School (Teachers Promotion) Rules, 1993 - Circular dated ... He had also made a prayer for payment of arrears of GPF amount with interest for the period prior to 1985-86 as GPF for the subsequent....
2005 0 Supreme(P&H) 1144 • India - Punjab and Haryana
NIRMAL YADAV, S.S.NIJJAR
The petitioner, a retired college lecturer, sought the release of terminal benefits including gratuity, leave encashment, and arrears ... In the aforesaid judgment, the Supreme Court has categorically laid down that it is the Institute which is responsible to make the payment of the salary of the teachers, irrespective of the fact whether any grant has been released by the State or not. ... 5. ... interest at the rate of 18% per annum for the delayed payment. ... The petitioner shall also be entitled to interest at the....
2010 0 Supreme(Pat) 812 • India - Patna
MIHIR KUMAR JHA, DIPAK MISRA
The court balanced equities by directing the grant of notional promotion and recalculating retirement benefits based on the last ... The court balanced equities by directing the grant of notional promotion and recalculating retirement benefits based on the last ... of the appeals by modifying the order of the learned Single Judge to direct the grant of notional promotion and recalculation of retirement ... pay scale with effect from 5.10.1995 which had also to elements, namely, payment of arrears of sal....
2001 0 Supreme(Pat) 1125 • India - Patna
P.K.DEB
Issues: Claims for G.P.F. accumulated amounts, arrears of salary, and gratuity deductions by retired teachers from specific ... . - Teacher's Retirement Benefits - The court directed the individual petitioners to file representations before the District Superintendent ... amounts, arrears of salary, and gratuity deductions. ... (ii) For payment of arrears of salary from 1.1.1971 to 31.3.1973, which as per the Government resolutions had been deposited with the G.P.F. ....
2013 0 Supreme(Cal) 227 • India - Calcutta
NISHITA MHATRE, ANINDITA ROY SARASWATI
Whether the State Government or the Central Government should make the initial payment of 80% of the arrears. 2. ... PAYMENT OF ARREARS OF SALARY - UNIVERSITY GRANTS COMMISSION (UGC) RECOMMENDATIONS - STATE GOVERNMENT'S LIABILITY - REIMBURSEMENT ... arrears of salary as per UGC recommendations. ... of payment of arrears were to be decided “in due course”. ... In Civil Appeal No. 1683 of 2005 filed by the All Bengal State Government College Teachers’ ....
2017 0 Supreme(Ker) 269 • India - Kerala
ANU SIVARAMAN
Pensionary Benefits - Delay in Payment - Interest Entitlement - Clause 18 of Ext.P1 - [PENSIONARY BENEFITS] - [PENSION] - [Ext.P1 ... It is submitted that Ext.P1 order dated 25.11.1998 authorizing revision of pension and other retirement benefits was made applicable to teachers of private colleges affiliated to Universities in Kerala. ... Clause 18 of Ext.P1 specifically reads as follows: ... "PAYMENT OF ARREARS ... 18. The arrears on account of revision of pension/family pension shall....
2024 Supreme(Online)(Pat) 2315 • India - Patna High Court
For further issuance of an appropriate writ, order/direction in nature of "Mandamus" directing and commanding the concern respondents authorities to make their payment of entire salary alongwith arrears and all retirement benefits like the other teachers of the said school whose service were absorbed ... teachers as contained in letter dated 13.5.1995. ... It was further held in the order dated 27.3.2012 that the petitioners would not get any other benefit for their past service from 1981 nor would they....
2017 Supreme(Online)(KER) 27539 • India - High Court of Kerala
ANU SIVARAMAN, J
Final Decision: The court ordered the computation and payment of the owed interest effective from 01.05.1999. ... Ratio Decidendi: The court concluded that pension benefits represent property rights, and delays in payment should not impede ... It is submitted that Ext.P1 order dated 25.11.1998 authorising revision of pension and other retirement benefits was made applicable to teachers of W.P.(C) No.26590/2010 2 private colleges affiliated to Universities in Kerala. ... Clause 18 of Ext.P1 specifically reads as follow....
Filter by Legal Phrase
