Constitution of India, 1950, Article 226, Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, Section 47 - - Writ - Mandamus - Petitioner met with an accident on 30.03.1999 and retired on 08.03.2001 and appointed as chowkidar in year 2004 - Notification date 27.06.2005 is not retrospective in operation - Once notification..........
Service -- Voluntary Retirement Scheme - Employees retiring voluntarily taking not only ex gratia payment of salary but also getting benefit of additional five years of service while calculating pension - Such employees constitute class in themselves quite separate from other serving employees - Employees who had taken benefit under the Scheme and had already retired..........
Service -- Voluntary Retirement Scheme - Effect - Employees who had opted under the Scheme and retired from service were entitled only to revision of ex gratia amount upon retrospective increase in salary - Benefit was given only in relation to ex gratia amount and not in relation to pension...........
Service -- Voluntary Retirement Scheme - Equal pay for equal work - It is true that employees who retired under the Scheme did the same work which was being done by those who retired in normal course - But the employees under the Scheme form a separate class and it cannot be said that all those who retired under the Scheme and those who retired in normal course are..........
Haryana Civil Services (Assured Career Progression) Rules, 1998 -- Grant of ACP's - Petitioner appointed in 1986 and after attaining age of superannuation retired in 2012 - Petitioner claimed after retirement, her First ACP form 1996 on regular satisfactory service and Second ACP from 2006 on 20 yrs of regular satisfactory service - Held, Petitioner being silent about her..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of order - Non grant of benefit of ACP - Delay and laches - Petitioner was not granted 3rd ACP and increment, which was due in year 2006 - Petitioner retired from service in year 2008 - Petition filed in 2015 claiming benefit which allegedly accrued to petitioner in year 2006 - Petition filed after more than 6 years of..........
Service -- Temporary embezzlement and forgery - Quantum of punishment - Appellant dismissed from service on account of misconduct of temporary embezzlement and forgery - High Court modified the sentence to compulsory retirement without pensionary benefits in view of R.23 of Life Insurance Corporation of India (Employees) Pension Rules, 1995 - Taking into account the..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Retirement of public servant - Sanction to prosecute public servant is not required for the offences under Prevention of Corruption Act, if public servant is already retired on the date of cognizance by Court - However, sanction is required for the..........
Service -- Resignation or request for voluntary retirement - Deceased employee put in service of nearly 34 years - Letter of resignation sent by employee on the ground of medical condition with terminal benefits required for his sustenance and treatment - Employee has laid great stress on reasons for leaving service prematurely - No such reasons were necessary if employee..........
Service -- Departmental proceedings and criminal proceedings - Order of dismissal - Appellants honorably acquitted for the criminal offence - Criminal case and disciplinary proceedings on similar facts and evidence - Order of dismissal passed by disciplinary authority set aside - Appellants are entitled to alternative relief of compulsory retirement as urged by them -..........
