PENSION REGULATIONS & IMPORTANT COURT JUDGEMENTS
Withholding of retirement benefits of employees/officers pending enquiry declared unlawful by The Supreme Court Of India – State Of Jharkhand Vs Jitendra Kumar Srivastava – Civil Appeal 6770 And 6771/2013 Dated 14.08.2013
Grant of 5 years of service under regulation 29 of pension regulations to the VRS Optees for the purpose of calculation of pension and pay for the purpose of determination of pension – Civil Appeal 1942/2009 Dated 13.02.2014 – Bank of India & another Vs K Mohandas & Others
· Regarding anomaly in settlement of refixation of basic pension and payment of arrears for those retired between April 1998 and October 2002 – Civil Appeal 5525/2012 - Bank Of Baroda & Another Vs G Palani & Others Dated 13.02.2018
· Regarding invoking regulation 20(3)(iii) at the time of superannuation when the disciplinary proceedings already initiated are pending against an officer – Illegality of awarding punishment under service regulations after superannuataion - Non payment of pension after superannuation on the pretext of pending disciplinary case vitiates the proceedings – Civil Appeal 2693/2013 Dated 15.02.2018 – Uco Bank Vs Rajendra Shankar Shukla
· The eligibility for liberalised pension scheme of being in service on the specified date and retiring subsequent to that date' violates Art. 14 and is unconstitutional and is struck down. – D S Nakara & Others Vs Union of India
· Service Gratuity Redefined by orders of Deputy Labour Commissioner, Hyderabad. Calculation should be based on Pay with Allowances. No. of months gratuity beyond 30 years. It is 45 days and not 15 days.
· • When the action is initiated under Pension Regulations which permits such action only for ‘grave misconduct’, there should be application of mind to that aspect to conclude so and thereafter take action. While concluding so, the policy guidelines of the Bank is also to be taken into consideration. – S M Adiga Vs Syndicate Bank WP 18992 delivered on 29.07.2018 by the Karnataka High Court.