Court : Karnataka
..... this court by an order dated 08.08.2008 disposed of the petition and directed the director of collegiate education, seshadri road, bengaluru to consider the representation of the petitioner with regard to deficit in pension and gratuity due to fixation 5 of pay within an outer limit of six months from the date of receipt of the said order.4 ..... , in the present case, though there is no fault on the part of the petitioner, the amount of rs.3,03,921/- was recovered from the pension and dcrg and inspite of repeated representations and direction issued by this court, after lapse of four years, the amount had been repaid to the petitioner. ..... inspite of making representation to the authorities stating that said recovery is bad in law, the same has not been considered ..... however, respondent no.2 by his endorsement dated 13.08.2013 rejected the request for interest on the ground that there are no rules for giving interest on the belated sanction of pensionary benefits invoking provision of section 87 of the education act, which is clear that rules for retirement of an employee shall be same as government institutions. ..... the local joint director of education cancelled the fixation of pay done on 25.04.1986 by an order dated 08.02.2006 and ordered for ..... when the papers were sent by the petitioner for fixation of pay on the ground of retirement benefits, the local joint director of education cancelled the fixation of pay done on 25.04.1986 by an order dated 08.02.2006 and ordered for recovery. .....
Tag this Judgment!Court : Mumbai Nagpur
..... 8) respondent state government through its joint charity commissioner shall also verify whether budget for each year and duly audited accounts therefor have been presented to the competent authority as per maharashtra public trust act and funds have been properly made use of to increase or to add to its activities by the respondent no ..... almost all the local bodies are finding it difficult to pay pension, gratuity as also regular salaries ..... several writ petitions have been filed because of inability of the state government or the local bodies or the appropriate authorities to acquire the lands earmarked for the public purposes. ..... 9 thereafter sent another letter to the hon'ble chief minister through its local president at nagpur on 03.10.2003 and its national president wrote to the hon'ble chief minister on 08.10.2003. ..... a division bench here also expressed concern after noticing the manner and speed with which the reservations were allowed to lapse and inability of local bodies or the state to provide funds for acquisition. ..... hon'ble supreme court also finds that the procedure under section 29 of the act to publish a notice in local newspapers also, inviting objections and suggestions within sixty days should have been followed and not procedure under s. ..... apart from a notice in the official gazette, a notice should have been published in the local newspapers for the information at the public at large, so that they could make their suggestions or file objections thereto if they so deem it .....
Tag this Judgment!Court : Chennai
..... the facts leading to the filing of w.p.no.9079 of 1999 are as follows: the petitioner is the assistant general manager of the provident fund, pension and gratuity department at the local head office of the state bank of india. ..... , the order of dismissal passed by the learned single judge in w.p.nos.7353 of 1999 and 11613 of 2000 on the ground of delay, is set aside, and consequently, the orders passed by the appellate authority in gratuity appeal nos.3 to 11, 13 to 16 and 50 of 1998 dated 11.02.1999 and gratuity appeal no.2 of 1999 dated 09.02.2000, are set aside, and accordingly, the condone delay petitions shall stand allowed. ..... however, the third respondent, the controlling authority under the payment of gratuity act, passed an award dated 02.09.1998 in favour of the first respondent ..... instead of facing the issue on merits the third respondent has filed an appeal g.a.no.2/1999 under section 7 of the payment of gratuity act, 1972, before the first respondent, against the order of the controlling authority, the second respondent herein and the first respondent appellate authority by its order dated 09.02.2000 (exh. ..... one p.v.raju, who retired in april, 1986 filed a case under the act claiming differential gratuity, which was ordered by the controlling authority in 1992 to be paid by the third respondent-bank, which was confirmed by appellate authority, against which the bank filed a writ petition in w.p.no.16842/94 on the file of the high court, andhra pradesh, which is pending .....
Tag this Judgment!Court : Mumbai
..... right to sue for damages; (f) any right of personal service; (g) stipends and gratuities allowed to pensioners of the government or of a local authority or of any other employer, or payable out of any service family pension fund notified in the official gazette by the central government or the state government in this behalf, and political pensions; (h) the wages of labours and domestic servants, whether payable in money or in kind; (i) salary to the extent of the first one thousand rupees and two-third of the remainder in execution of any decree other than ..... 7th august, 2012 (at exhibit b hereto) in so far as it makes redevelopment on slum rehabilitation area subject to permission under the maharashtra restoration of land to schedule tribe act, 1975 and communication dated 26th february, 2013 (at exhibit e hereto) and after going through the legality, validity and propriety thereof the same be quashed and set aside insofar as it questions the legality of the petitioners' proposal dated 8th january, 2013 on the ground that the said proposal is to be implemented on land .....
Tag this Judgment!Court : Supreme Court of India
..... on behalf of the respondents that since the deceased was not appointed by the district panchayat service selection committee constituted under section 2(11) of the act, was not a member of the panchayat service as envisaged by section 203 of the act and as such the appellant was not entitled to claim any family pension or gratuity, was accepted by the single judge.8. ..... the period of his service in a cadre in the panchayat service while acting or purporting to act in the discharge of his duties as such servant, or any investigation, disciplinary action or remedy in respect of such obligation, liability or default and any such investigation, disciplinary action or remedy may be instituted, continued or enforced in accordance with the law applicable thereto during the said period of service by such authority as the state government may, by general or special order specify in ..... out how gram panchayat was not competent to make such appointment or that at the relevant time in question the power to make appointments was vested in an authority other than gram panchayat or that there was any separate modality or procedure prescribed for effecting such an appointment.14. ..... said rules stipulates, inter alia, that the appointing authority in respect of posts under the gram panchayat, which are included in the local cadre is gram panchayat itself. ..... panchayat service (appointing authorities) rules, 1967, gram panchayat is the appropriate authority in respect of posts included in the local cadre. .....
Tag this Judgment!Court : Delhi
..... section 10(1) requires that the scales of pay and allowances, medical facilities, pension, gratuity, provident fund and other prescribed benefits of the employees of a recognised private school shall not be less than those of the employees of the corresponding status in schools run by the appropriate authority. ..... while answering the question whether the right to choose a principal is part of the right of minorities under article 30(1) to establish and administer educational institutions of their choice and if so, section 57(3) of kerala university act, 1974 would violate article 30(1) of the constitution of india, the principles of law laid down in all bihar christians school association (supra), ..... expression private school has been defined under section 2(r) of the dse act as a school which is not run by the central government, administrator, a local authority or any other authority designated or sponsored by the central government, administrator or a local authority. ..... first proviso to section 8(1) stipulates that salary and rights in respect of leave of absence, age of retirement and pension of an employee of an existing school at the commencement of the act may not thereafter be varied to his disadvantage. ..... in other words, chapter iv of the act except section 8(2) is applicable to private recognised aided as well as unaided minority educational institutions and the authorities concerned of the education department are bound to enforce the same against all such institutions. ? .....
Tag this Judgment!Court : Andhra Pradesh
..... in radhey shyam gupta's case (supra) is only in dealing with payment of gratuity from retirement by notification under the gratuity act and not in relation to pensionary benefits; though it is stated as if under section 60 (g), but infact in section 60 provisos out of the clauses (a to p), clause (g) speaks that, the said funds and gratuity allowed to pensioners by the government of a local authority or on any other employee are payable out of in-service family pension funds notified in the official gazette by the central government or the state government in ..... other words, the high court erred in altering the decree of the trial court in its revisional jurisdiction, particularly when the pension and gratuity of the appellant, which had been converted into fixed deposits, could not be attached under the provisions of the code of ..... dr.shitla prasad nagendra and others (2001) 6 scc 591) in paragraph no.5, it was observed that this court has been repeatedly emphasizing the position that pension and gratuity are no longer matters of any bounty to be distributed by the government, but are rights accrue and property in the hands of employer and any delay in settlement and disbursement whereof should be viewed seriously and dealt with severally by imposing penalty in the form of ..... shobha that even after the retrial benefits, such as pension and gratuity, had been received by the appellant, they did not lost their character and continued to be covered by proviso (g) to section 60 (1) .....
Tag this Judgment!Court : Kerala
..... service under the government, a local body, a university or private college or aided school or any other body wholly or substantially owned or controlled by the government and who is in receipt of, or has received or has become entitled to receive any retirement benefits by way of pension, gratuity, contributory provident fund or otherwise his salary mentioned in clause (1) shall be reduced by such amount not exceeding the pension (including any portion of the pension which may have been commuted) and the pension equivalent of other retirement benefits ..... the commencement of the constitution (seventh amendment) act, 1956, shall mean the government of the state of travancore-cochin; and (c) as respects anything done or to be done after the commencement of the constitution (seventh amendment) act, 1956 shall mean the government of the state of kerala' and shall, in relation to functions entrusted under article 258 a of the constitution to the government of india, include the central government acting within the scope of the authority given to it under that article;" thus it is argued .....
Tag this Judgment!Court : Kerala
..... that as per ext r5(b) order of the university issued on 7.6.2001, university irregularly sanctioned pension and gratuity to petitioner reckoning his qualifying service as 30 and 33 years, as against his 20 years service in the university, which is contrary to ..... seen from their letter addressed to local fund authority, has relied on several judgments as well as government orders to show that the pension was fixed correctly and that he has every right to continue to enjoy the same with the benefit of revision ordered from time to time and that the denial of the benefits towards pension on the basis of the objection raised by the local fund audit is not correct.8 ..... audit report of cusat for the year200102 (lf(cusat)a3-7/2004 dated43.2005) issued under section364) of the cusat act, 1986 and section13of kerala local fund audit act, 1994 and rule18of kerala local fund audit rules1996 ext.r5(b): true copy of order no.fin.iv/pen-r.77/2000/ugc/2001 dated76.2001. ..... annual accounts of cusat for the year201112 submitted to the joint director of local fund audit, cusat audit, kochi, under section91) of kerala local fund audit act, 1994 and rule151) of kerala local fund audit rules, 1996. ..... of 2013-c14the university has gone wrong, government has every power to correct them while supervising the activities of the university under section 50 (5) of the cusat act, which empowers the government to conduct an inspection at any time in respect of the activities of the university, which reads as follows:"0. .....
Tag this Judgment!Court : Supreme Court of India
..... making | | |such preliminary inquiry, if any, as he | | |deems fit) to conduct any investigation | | |under this act, he- | | | | | |(a) shall forward a copy of the complaint | | |to the public servant concerned and the | | |competent authority concerned; | | | | | |(b) shall afford to the public servant | | |concerned an opportunity to offer his | | |comments on such complaints; and | | | | | |(c) may make such orders as to the safe | | |custody of documents relevant to the | | |investigation ..... to in | | |clause (ii) of clause (d) of section 2, | | |removals, pay, discipline, superannuation | | |or other matters relating to conditions of | | |service of public servants but not | | |including action relating to claims, for | | |pension, gratuity, provident fund or to any| | |claims which arise on retirement, removal | | |or termination of service. ..... taken in matters which arise out| | |of the terms of a contract governing purely| | |commercial relations of the administration | | |of the government or of the local authority| | |or other corporation, company or society, | | |as the case may be, with customers or | | |suppliers except where the complainant | | |alleges harassment ..... intimated by the office of the lokayukta that a decision has been taken to hold a preliminary enquiry into the complaint filed by the respondent no.4 and a copy of the complaint along with the enclosures thereto were forwarded to the appellant, the complaint filed was not supported by an affidavit of the .....
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