Judgment Search Results Home > Cases Phrase: pensions act 1871 section 12 assignments etc in anticipation of pension to be void Court: patna

Suraj Prasad Vs. State of Bihar and ors.

Court : Patna

..... 1600/- per month, the pension of member of legislative council of bihar, he is not entitled for any pension under section 10-a(1) of the bihar legislature (members' salaries, allowances and pension) act, 1960. 7. ..... he was granted pension of member of legislative council, bihar under section 10a of the bihar legislature (members' salaries, allowances and pension) act, 1960, at the rate of rs. ..... pension to the members of legislative council of bihar is paid under section 10a of bihar legislative (members' salaries, allowances and pension) act, 1960, which runs as under:-- '10a. ..... it is true that in view of amendment of section 8a of the salary, allowances and pension of members of parliament act 1954, where any person entitled for pension under sub-section (1) is also entitled to any other pension, such person shall be entitled to receive the pension under sub-section (1) in addition to such other pension, but it is of no help to the petitioner. ..... on 9-6-93, section 8a of salary, allowances and pension of member of parliament act, 1954 was amended by act no, 48 of 1993 as under:-- '(b) for sub-section (3), the following subsection shall be substituted, namely :-- (3) where any person entitled for pension under sub-section (1) is also entitled to any other pension, such person shall be entitled to receive the pension under sub-section (1) in addition to such other pension. .....

Janak Prasad Singh Vs. Bihar State Electricity Board and ors.

Court : Patna

..... gratuity benefits otherwise available to the employees of the board are less favourable than those available under the gratuity act it would be appropriate to state that in the past and at present the board has been paying gratuity to its employees under the bihar pension rules adopted in the case of officers right from inception of the board in 1958 and in the case of workmen for november 1987 as ..... pension/gratuity benefits available to the officers (also workmen) if not were favourable, are not less favourable than those available to them under the gratuity act and therefore we have no hesitation in holding that there is no violation of the condition laid down in section 5(1) of the gratuity act ..... 46 of the pension rules described as 'financial benefit's in the writ petition, the case of the board is that in terms of the said rule which provides for compassionate allowance to a government servant dismissed or removed for misconduct etc. ..... after the hearing was adjourned, the state government exempted the board from operation of the gratuity act with retrospective effect from 6.11.1987 in exercise of power under section 5(1) read with section 5(3) of the act vide notification dated 15.9.2003, the petitioner thereafter challenged the notification by amendment, counter affidavits etc. ..... act if in the opinion of the appropriate government the gratuity and pensionary benefits available to the employees of such establishment etc ..... etc ..... empowered to exempt by notification any establishment etc. .....

Ram Kripal Singh and Others Vs. the Union of India Through Director of ...

Court : Patna

..... the petitioner, in his reply to the said notice (annexure-11), explained the relevant facts asserting therein that as per the provisions of the employees provident funds and miscellaneous provisions act, 1952 and the employees pension scheme, 1955 framed thereunder every employee of the provident funds scheme, 1952 who had not attained the age of superannuation (60 years) prior to 1.4.93 would be entitled to exercise option as per the notice published by ..... been a member of the employees provident fund or of provident funds of factories and other establishments exempted by the appropriate government under section 17 of the act or in whose case exemption has been granted under paragraph 27 or 27a of the employees provident fund scheme, 1952, on 15th november, 1995 but not being a member of the ceased employees family pension scheme, 1971 opts to exercise his option under paragraph 7] 7(1).xxxx. ..... the respondent is that the petitioner exercised the option under para 7(3) of the pension scheme after attaining the age of 60 years, which was not permissible under the act and the pension scheme framed therunder. ..... entitled to exercise option for becoming a beneficiary under the pension scheme and acting thereon he altered his position to his detriment inasmuch as the contributions ( both employer and the employee) together with interest was deposited whereafter, on verification, the competent authority after being satisfied with the compliance thereof issued the pension payment order. .....

Bihar State Electricity Board Vs. Regional Provident Fund Commissioner ...

Court : Patna

..... reliance in this connection, is placed over the provisions of section-16(1)(b)(c) of the act which inter alia provide that any establishment belonging to or under the control of the central/ state government or established under central or state act and whose employees are entitled to the benefit of contributory provident fund or pension in accordance with any scheme or rule framed by the central/state government or under the act, where under the establishment has been established is not covered ..... view of section- 16(1)(c) of the act, the act is not applicable to those establishments set up under central/state act whose employees are entitled to the benefits of contributory provident fund or old age pension in accordance with any scheme or rules framed under the act under which those establishments were established is wholly fallacious and misconceived as by adopting the pension cum ..... contained in section-16(1)(c) of the act, it is submitted by the counsel for the respondents that in terms of section-16(1)(c) which was inserted in the act with effect from 1.8.1988 establishments which have been set up under central/state act and whose employees including the employees of the contractor(s) serving the establishment are granted the benefit of pension cum g.p.f. ..... (2003) supreme court cases 431 and submitted that the provisions of section-16 of the act has overriding effect over the other provisions of the act and as the employees of the board are covered by the pension cum g.p.f. .....

Shamim Ahmad Khan Vs. State of Bihar and ors.

Court : Patna

Reported in : 2005(1)JCR490Pat

..... on a consideration of the two statutory provisions the supreme court found and held that the prohibition of section 73 of the esi act would not apply to a case falling under standing order 8 (ii) that was based on the principle ..... the supreme court held that the prohibition of section 73 would not apply to cases covered by standing order 8 (ii) of ..... any response to his representation he filed this writ petition seeking a direction to the respondent authorities for payment of pension and other retiral benefits to him.5. ..... the result of any positive act or order on the part of the employer, and so, to such a termination the prohibition contained in section 73 (1) would be inapplicable ..... we further direct that the pension and other retirement benefits be fixed in accordance with law so far the petitioner is concerned, preferably within 4, months from the date of production of ..... case entirely on the negligence and default by the government, the petitioner stands before this court claiming his pension and other retiral dues. ..... case of buckingaham and carnatic company (supra) there was standing order 8 (ii) laying down that absence of eight consecutive working days without leave would be deemed as relinquishment of employment and there was the prohibition of section 73 of the esi act. ..... may be terminated at the instance of the employer, the government by removing the employee from service either by way of dismissal or compulsory retirement as a measure of punishment or due to abolition of post etc. .....

Mostt. Manorama Devi Vs. Administrator, Water Board Gaya

Court : Patna

..... in exercise of the powers conferred by section 5 of the bihar act 52 of 1982, the governor of bihar was pleased to apply the following provisions of the patna municipal corporation act, 1951, inter alia, to the gaya municipal corporation : (i) sections 3 and 4 of chapter i(ii) sections 5 to 7 and 9 to 23 of chapter ii;(iii) all sections of chapters iii to xxix;(iv) sections 475 to 513 of chapter xxx; and(v) all sections of chapter xxxix.5. ..... in exercise of power conferred by section 61 of the 1951 act, the state government framed the patna municipal corporation's (officers and servants) pension rules 1986, rule 35 of which is relevant in the present context and is set out hereinbelow for the facility of quick reference : '35. ..... section 61 of the 1951 act confers powers on the state government to make rules for the items stated therein including sanction of pension and gratuity from the fund of the corporation. ..... i regret my inability to accede to the submission pre-eminently for the reason that an office order cannot act in derogation of the statutory rules which have been discussed hereinabove and govern the field which provides for family pension for a maximum period of five years. ..... it is thus manifest on a combined reading of the relevant provisions that section 5 of the bihar act 52 of 1982 confers powers on the governor of bihar to apply the provisions of the 1951 act to the other corporations in bihar. .....

Ugra Chandra Mishra Vs. Union of India (Uoi) and ors.

Court : Patna

..... becomes a member of the employees' provident fund or of provident funds of factories and other establishments exempted under section 17 of the act on or after march 1, 1971: (b) who has been a member of the employees provident fund or of provident fund of factories and establishments exempted under section 17 of the act immediately before the commencement of this scheme and opts to exercise his option under para 4. ..... the central government in exercise of the powers conferred by section 6-a of the act made a scheme known as employees' family pension scheme, 1971 (hereinafter referred to as the 1971 ..... who is a member of employees provident fund or of provident funds of factories and other establishments, exempted under section 17 of the act, immediately before the commencement of this scheme, shall have the option to join this scheme. ..... it appears to me to be of paramount importance that an employee within the meaning of section 2(e) of the act and a member of the employees' provident fund envisaged thereunder can also exercise his option to be a member of the ..... petition has been preferred by a superannuated employee of the nalanda khadi gramodyog sangh for a declaration and appropriate directions to the respondent authorities that the petitioner is entitled to payment of pension under the employees' pension scheme, 1995 (hereinafter referred to as, 1995 scheme), framed under the employees' provident fund and miscellaneous provisions act, 1952 (hereinafter referred to as 'the act'). 2. .....

State of Bihar and ors. Vs. Arya Devi and ors.

Court : Patna

..... if it is held that the instructions of 1976 did not alter the terms and conditions of service as provided in section 4(2) of the act then the effect would be to deprive the benefit of bihar pension rules and of family pension contained therein even for employees and teachers who retired or died on or after 1-4-1976.12. ..... after take-over of the schools under the provisions of the act, such teachers, by virtue of section 4(2) of the act continued to be governed by their earlier service conditions and, therefore, could not have claimed to have become employees of state government in respect of other service conditions until their conditions of service were altered by the state government in view of instruction of 1976 providing for application of bihar pension rules only to those teachers who retired on or after 1-4-1976 and also providing ..... 1069 dated 23-6-1977 and proceeded to hold that till a rule is framed under the provisions of the act, instruction dated 23-6-1977 cannot be invoked to deprive the petitioner of that case family pension under the family pension scheme introduced by finance department memo dated 3rd september, 1964. ..... it is also not in dispute that prior to take over of these schools under the provisions of the act, the employees of such non-government elementary schools were getting the benefit of only provident fund, insurance pension under a scheme known as triple benefit scheme introduced vide education department notification no. .....

Lalita Devi and anr. Vs. State of Bihar and ors.

Court : Patna

..... are, therefore, allowed and the secretary-cum-commissioner, department of primary, secondary and adult education, bihar, patna is directed to take immediate steps for release of the family pension and other pensionary benefits of the petitioners within two weeks of the receipt/production of the copy of this order, having regard to the fact that the respondents have kept ..... stand of the state is accepted that 1977 instruction is applicable for the grant of family pension, in my opinion, there is no nexus in fixing 1-4-1976 as the cut-off date, when the school under 1976 act stood taken over with effect from 1-1-1971 and teachers of the said school became government servant ..... the notice of this court any rule framed under the bihar non-government elementary school (takeover and control) act, 1976 with respect to grant of benefit of family pension from the 1st day of financial year 1976-77, except the aforementioned instruction, contained in education department letter no. ..... the school with effect from 1-1-1971 by 1976 act the teachers of such schools became government servant with effect from 1-1 -1971, on which date 1964 scheme for grant of family pension in case of death of a government servant was in force, the family of such teachers, who died in harness after 1-1-1971, became entitled for grant of family pension and they cannot be denied of the said benefit ..... of pensionary benefits to the teachers of the schools taken over by 1976 act and not for grant of benefit of family pension. .....

Dr. Ajit Kumar Singh Vs. Rajendra Agricultural University and ors.

Court : Patna

..... his discharge from government service but in the form of proportionate pension from the government plus the remaining amount not exceeding the substantive pay last drawn by him before his discharge from the government service from the university and in view of the provisions contained in sub-clause (ii) of clause (b) of sub-section (4) of section 39 and sub-section (19) of section 39 of the act read with clause 16.1(b)(ii) of the statutes, the pension accrues to such employee on the basis of total period of service ..... every such individual, who has been employed by the university is subject to the provisions of the act and the enactment and the statutes made and under sub-section (19) such government servant on entering the service of the university becomes entitled for compensation, proportionate pension except who resigns in spite of being required by the government to serve on some other post, under the government carrying emoluments not less than his pay at the time of such ..... under the government and the university minus the pension payable by the government. .....