pca Started The Discussion:
Dear friends,
Supreme Court in its judgement dated 14th August 2013 (copy attached) has held that pension and gratuity cannot be withheld during pendency of departmental/criminal proceedings under executive instructions in the absence of any provision in the pension rules.
The court has held that the right to receive pension is recognised as right to property and a person cannot be deprived of his pension without authority of law which is constitutional mandate in Article 300-A of the constitution. The court has held that executive instructions do not have statutory character and cannot be termed as law within the meaning of Article 300A. [State of Jharkhand v. Jitendra Kumar Srivastava, Civil Appeal No.6770 of 2013 decided on 14th August 2013].
Thanks
25th August 2013 From India, Malappuram
Attached Files
File Type: pdf SC on withholding of pension & gratuity 14.8.2013.pdf (235.2 KB, 1287 views)

Thanks for the contribution !!!
Its a great judgement and must be highly appreciated by all concerned.
It provides relief from misery and hardships to families of innocent employees, which suffer as these cases/proceedings continue for years, after which the ex-employee gets exonerated.
Warm regards.
28th August 2013 From India, Delhi
Please share if you have any insights for this topic page and be part of our fostered professional community at Cite.Co. Avoid "Thank You" posts to preserve the integrity and readability of this page. Instead, help someone else with your knowledgeable inputs. If you have any related query please start a discussion thread.



 
 
 
 





Anonymous (Don't Display Username)


Disclaimer: This network and the advice provided in good faith by our members only facilitates as a direction towards the actions necessary. The advice should be validated by proper consultation with a certified professional. The network or the members providing advice cannot be held liable for any consequences, under any circumstances.

About Us - Advertise - Contact Us - RSS   On Google+  
Privacy Policy | Disclaimer | Terms Of Service
Facebook Page | Follow Us On Twitter | Linkedin Network