Compulsory Retirement - Law Dictionary Search Results
Home Dictionary Name: compulsory retirementCompulsory retirement
Compulsory retirement, compulsory retirement does not involve civil consequences and therefore it is not necessary to afford to a Government servant an opportunity to show cause against his compulsory retirement, E. Vankateswara Naidu v. Union of India, (1973) 1 SCC 361: AIR 1973 SC 698 (701): (1973) 3 SCR 216.The heading 'Compulsory Retirement' is wide enough to include premature retirement within its fold, S.C. Jain v. State of Haryana, (1985) 4 SCC 645: AIR 1986 SC 169: (1985) Supp 3 SCR 727.A compulsory retirement does not amount to dismissal removal and, therefore, does not attract the provisions of Article 311 of the Constitution, Shyamlal v. State of Uttar Pradesh, AIR 1954 SC 369 (375): (1955) 1 SCR 26. [Constitution of India, Art. 311]For the judicial officers allowed to superannuate at the age of 58 years and the expressions such as compulsory retirement on attaining the age of 58 years according to the procedure for compulsory retirement under the rules, Bishwanath Prasad Si...
Control
Control, the word 'control' suggests check, restraint or influence. Control is intended to regulate and hold in check a restrain from action, State of Mysore v. Allum Karibasuppa, AIR 1974 SC 1863 (1866). [Karnataka Co-operative Societies Act, (11 of 1959), s. 54]The word 'control' is synonymous with superinten-dentce, management or authority to direct, restrict or regulate. Control is exercised by a superior authority in exercise of its supervisory power, S.V. Co-operative Bank Ltd. v. K. Panduranga, AIR 1972 SC 1248 (1250). [Multi-Unit Co-operative Societies Act, 1942, s. 2(1)]Control, is synonymous with superintendence, management, or authority to direct, restrict or regulate, Regional Provident Fund Commissioner v. Sanatan Dharam Girls Secondry School, 2006 (10) JT 159 [As per Words and Phrases, Vol. 9 Permanent Edn.]Imports the notion of the power to direct what shall be done with the property in question; and the words are intended to provide a clearer concept than 'possession' w...
Except as otherwise provided in the other clauses of this rule
Except as otherwise provided in the other clauses of this rule, The words 'except as otherwise provided in the other clauses of this rule' appearing in Rule 161 (1)(a) make the general rule of superannuation at the age of 58 years subject to other clauses of that rule. This is to say, the government is empowered to provide for different ages of compulsory retirement for different classes of government servants, N.C. Dalwadi v. State of Gujarat, (1987) 3 SCC 611: AIR 1987 SC 1933: (1987) 3 SCR 640....
Metropolitan Police
Metropolitan Police. The area which is under the control of the Metropolitan Police is the County of London (but not the City), the County of Middlesex, Cryodon, West Ham, and such places within 15 miles of Charing Cross as the King by Order in Council has included. [(English) Metropolitan Police Act, 1829, ss. 2 and 34 and Schedule, and Metropolitan Police Act, 1839, ss. 2 and 5]The (English) Metropolitan Police Act, 1933 (23 & 24 Geo. 5, c. 33), gives power to appoint an additional assistant commissioner (s. 1), amends the age for compulsory retirement for senior officers (s. 2), makes amendments as to the constitution of the Police Federation (s. 3), gives power to appoint constables for a fixed period (s. 4).The numerous Acts dealing with the Metropolitan Police are collected in Chitty's Statutes, tits. 'Police (Metropolis)' and 'Police (London),' and also in an official Metropolitan Police Guide. See also the Police Regulations of 20th August, 1920, as amended by the Police Regula...
Stigma
Stigma, denotes loss of confidence by the employer amount to 'stigma', Kamal Kishore Lakshman v. Pan American World Airways, AIR 1987 SC 229: (1987) 1 SCC 146.Stigma, is something that detracts from the character or reputation of a person, a mark, sign etc., indicting that something is not considered normal or standard (Webster's New World Dictionary), Dipti Prakash Banerjee v. Satyendra Nath Bose National Centre for Basic Sciences, (1999) 3 SCC 60.Stigma, is understood to be something that is detraction from the character or reputation of a person. It is blemish, imputation, mark or label indicating a deviation from a norm, mere description of background fact cannot be called as stigma. State of U.P. v. Ram Bachan Tripathi, AIR 2005 SC 3212.--in the absence of a statutory definition of the word 'stigma', its meaning as available in dictionaries. According to Webster's New World Dictionary it is something that detracts from the character or reputation of a person, a mark, sign, etc. in...
Resignation and retirement
Resignation and retirement, the words 'resigna-tion' and 'retirement' carry different meanings in common parlance. An employee can resign at any point of time, even on the second day of his appointment but in the case of retirement he retires only after attaining the age of superannuation or in the case of voluntary retirement on completion of qualifying service, UCO Bank v. Sanwar Mal, (2004) 3 SCC 412 (419)...
Retirement, superannuation
Retirement, superannuation, though the word 'retirement' may take within its fold all or any kind of retirement when the same is used in the context of 'superannuation' or retirement by way of superannuation, in service parlance the well-settled meaning is that it has relevance and relates to discharge from a post on account of the age fixed for such retirement, uniformly for all or a particular class or category of service-holders, R.N. Rajannra v. State of Karnataka, (2004) 1 SCC 249 (251)....
Seek retirement
Seek retirement, indicate that the right which is conferred by it is not the right to ask for retirement, State of Haryana v. S.K. Singhal, (1999) 4 SCC 293.The words 'seek retirement' in para 5 of bye law 3.8 of the Himachal Pradesh Horicultural Produce Marketing and Processing Corporation Limited Employees Service Bye Laws indicate that the right which is conferred by it is not the right to retire but a right to ask for retirement. The word 'seek' implies a request by the employee and correspond-ing acceptance or permission by HPMC, H.P. Horticultural Produce Marketing & Processing Corpn. Ltd. v. Suman Behari Sharma, AIR 1996 SC 1353 (1355): (1996) 4 SCC 584....
Voluntary retirement and resignation
Voluntary retirement and resignation, in service jurisprudence there is a difference between 'voluntary retirement' and 'resignation' as they convey different connotations. It has been held that voluntary retirement and resignation involve voluntary acts on the part of the employee to leave service and though both involve voluntary acts, they operate differently. One of the basic distinctions between the two is that is that in the case of resignation, it can be tendered at any time but in the case of voluntary retirement, it can only be sought for after rendering prescribed period of qualifying service. In the case of resignation, a prior permission is not mandatory while in the case of voluntary retirement, permission of the employer concerned is a requisite condition, Jaipal Singh v. Sumitra Mahajan, (2004) 4 SCC 522 (527); see also (2004) 9 SCC 461....
Retirement
The act of retiring or the state of being retired withdrawal seclusion as the retirement of an officer...
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