Delhi High Court
LEGAL SUBJECT
Social Security and Pensions
Judgment analyses where this is the main or secondary subject.Latest analyses
30 ARTICLES![Family pension representation must be decided by a reasoned speaking order within two months.. BASANTI KOIRI vs Department of Telecommunication. CAT - ['Kolkata']. LawLens](/stories/thumbnails/family-pension-representation-must-be-decided-by-a-reasoned-speaking-order-within-two-mont-07b25a51b606403aa344bbe74d995406.webp)
CAT - ['Kolkata']
Family pension representation must be decided by a reasoned speaking order within two months.
The applicant, Basanti Koiri, is the daughter of Late Sukdev Prasad Koiri, a former employee of the Department of Telecommunications who retired on 13 December 1976 and died on 18 November 2008.2 MIN READ↗
Uttarakhand High Court
Dependents of deceased aided-school teachers are entitled to family pension irrespective of the teacher’s date of death.
The petitioner, Smt. Khasti Devi, was the widow of late Khyali Dutt Joshi, an Assistant Teacher who had initially been appointed on 30 August 1961 and had served for approximately 27 years before his death on 9 Januar...2 MIN READ↗![Pre-regularization project service cannot count as qualifying pension service absent statutory authorization.. Dr Sneh Arora vs M/o Health And Family Welfare. CAT - ['Delhi']. LawLens](/stories/thumbnails/pre-regularization-project-service-cannot-count-as-qualifying-pension-service-absent-statu-5e038f7eec1b4806b6bd62e14de7cf18.webp)
CAT - ['Delhi']
Pre-regularization project service cannot count as qualifying pension service absent statutory authorization.
The applicant, Dr. Sneh Arora, worked at AIIMS as a Research Associate/Senior Research Associate in successive ICMR, DBT and other research projects from 8 December 1991 until her absorption in the Core Research Cadre...4 MIN READ↗![An adopted child recognized in service records is entitled to family pension and terminal benefits.. DEBASHISH CHAKRABORTY vs N.F.RAILWAY. CAT - ['Guwahati']. LawLens](/stories/thumbnails/an-adopted-child-recognized-in-service-records-is-entitled-to-family-pension-and-terminal-56f6d081b94745818b423d3fce6871db.webp)
CAT - ['Guwahati']
An adopted child recognized in service records is entitled to family pension and terminal benefits.
The applicant claimed to be the adopted son of Late Arati Chakraborty, an Ayah employed in the Divisional Railway Hospital, Lumding. He was allegedly adopted through a registered Deed of Adoption dated 26 February 200...3 MIN READ↗
Gujarat High Court
An undisputed customary divorce entitles a divorced daughter to family pension under Rule 75.
The respondent’s father, Purshottam Sagram, was a Railway employee who retired on 30 September 1991 and died on 17 February 2001.3 MIN READ↗
Punjab and Haryana High Court
Families of unregularized daily-wage employees are not entitled to family pension or compassionate appointment.
The petitioners were widows or family members of deceased work-charge/daily-wage employees of the State of Punjab. They sought family pension and consequential benefits by treating their deceased husbands’ services as...4 MIN READ↗
Calcutta High Court
Pensionable salary for higher-wage members under Paragraph 11(4) must be based on higher salary, not pro rata.
The petitioners challenged the EPFO circular dated 14 February 2024, which directed that pension for members who had contributed on salaries exceeding the statutory wage ceiling be computed pro rata by bifurcating pen...3 MIN READ↗![Medical reimbursement claims cannot be restricted to package rates without High-Powered Committee consideration.. SANTHAMMA K R vs EMPLOYEES STATE INSURANCE CORPORATION (ESIC). CAT - ['Ernakulam']. LawLens](/stories/thumbnails/medical-reimbursement-claims-cannot-be-restricted-to-package-rates-without-high-powered-co-401a624f332e4ab1a5813b20df7ad85e.webp)
CAT - ['Ernakulam']
Medical reimbursement claims cannot be restricted to package rates without High-Powered Committee consideration.
The applicant, a 78-year-old retired Superintendent of the Employees’ State Insurance Corporation and member of the ESIC Pensioners’ Medical Scheme, underwent emergency inpatient treatment for Guillain-Barré Syndrome...3 MIN READ↗![Notional service must be reckoned for consequential retirement benefits when severance is limited to pre-notional service.. RAJASEKHARAN B vs D/o Post. CAT - ['Ernakulam']. LawLens](/stories/thumbnails/notional-service-must-be-reckoned-for-consequential-retirement-benefits-when-severance-is-aa1961b944944dbea20e6e3d73025883.webp)
CAT - ['Ernakulam']
Notional service must be reckoned for consequential retirement benefits when severance is limited to pre-notional service.
The applicant was appointed as a GDS Mail Carrier on 1 November 1979.4 MIN READ↗
Chhattisgarh High Court
Prior daily-wage service paid from contingency funds counts as qualifying pensionable service.
The petitioner was initially appointed as a daily-wage employee in 1982 and his services were regularized by order dated 14 February 1988.2 MIN READ↗
Chhattisgarh High Court
Authorities must decide and disburse eligible GPF and other retiral dues within three months.
The petitioner’s husband, who was employed as an Assistant Revenue Inspector with the Municipal Corporation, Rajnandgaon, died on 24 February 2021.2 MIN READ↗![An NPS employee cannot claim invalid pension without timely prescribed option following medical decategorization.. SUBHASH CHANDRA TRIVEDI vs POST UP CIRCLE. CAT - ['Allahabad']. LawLens](/stories/thumbnails/an-nps-employee-cannot-claim-invalid-pension-without-timely-prescribed-option-following-me-91ef65180a0a4a709649f598ea290a57.webp)
CAT - ['Allahabad']
An NPS employee cannot claim invalid pension without timely prescribed option following medical decategorization.
The applicant was serving in the Postal Department and was appointed as a departmental Postman with effect from 27 November 2009.3 MIN READ↗![Failure to exercise the prescribed CPF-retention option deems an employee irrevocably opted into the pension scheme.. Suraj Pal Singh vs Delhi Transport Corporation, Govt. Of Nctd. CAT - ['Delhi']. LawLens](/stories/thumbnails/failure-to-exercise-the-prescribed-cpf-retention-option-deems-an-employee-irrevocably-opte-30969440bec746b890eba69f966eceff.webp)
CAT - ['Delhi']
Failure to exercise the prescribed CPF-retention option deems an employee irrevocably opted into the pension scheme.
The applicant was appointed as a conductor by the Delhi Transport Corporation (“DTC”) on 10 March 1983 and was subsequently placed on monthly rates of pay from 10 September 1983.4 MIN READ↗![Erroneous pay benefits may be refixed, but excess amounts already paid cannot be recovered absent fraud.. Mohd Sadiq vs DEPARTMENT OF PHE. CAT - ['Jammu']. LawLens](/stories/thumbnails/erroneous-pay-benefits-may-be-refixed-but-excess-amounts-already-paid-cannot-be-recovered-55dcf25858fd44a8afc19d61c3ffddaf.webp)
CAT - ['Jammu']
Erroneous pay benefits may be refixed, but excess amounts already paid cannot be recovered absent fraud.
The applicant, a retired Class-IV employee who had served as an Assistant Lineman in the Public Health Engineering/Jal Shakti Department, was initially engaged as a daily-wage Helper and later regularised.3 MIN READ↗![Pre-cutoff appointment and parity claims require reasoned reconsideration of Old Pension Scheme coverage.. dr fozia mir vs HEALTH AND MEDICAL EDUCATION DEPARTMENT. CAT - ['Srinagar']. LawLens](/stories/thumbnails/pre-cutoff-appointment-and-parity-claims-require-reasoned-reconsideration-of-old-pension-s-76c8f2b4776d470e81d3af562a6f4b67.webp)
CAT - ['Srinagar']
Pre-cutoff appointment and parity claims require reasoned reconsideration of Old Pension Scheme coverage.
The applicant was appointed as a Dental Surgeon in the Health and Medical Education Department on 30 December 2009 and joined on 31 December 2009, before the notified commencement date of the New Pension Scheme (“NPS”...4 MIN READ↗![Erroneous SRO 59 benefits may be refixed, but excess payments cannot be recovered.. Satya Devi vs DEPARTMENT OF PHE. CAT - ['Jammu']. LawLens](/stories/thumbnails/erroneous-sro-59-benefits-may-be-refixed-but-excess-payments-cannot-be-recovered-3462322048d1455d92ae36dbcc9dd237.webp)
CAT - ['Jammu']
Erroneous SRO 59 benefits may be refixed, but excess payments cannot be recovered.
The applicant, a retired Class-IV employee of the Jal Shakti/Public Health Engineering Department, was initially engaged as a daily-wage Helper and was subsequently regularised.3 MIN READ↗
Calcutta High Court
Gratuity may be forfeited upon termination for employment-related misconduct constituting an offence involving moral turpitude.
Respondent No. 4, Dr. Sunil Kumar Singh, was employed by Eastern Coalfields Ltd. as a medical officer and superannuated on 31 March 2017.4 MIN READ↗
Punjab and Haryana High Court
Proceedings under Senior Citizens Act abate on senior citizen’s death; heirs must seek civil remedy: Punjab & Haryana HC
Jasbir Singh, a senior citizen, initiated proceedings under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (“2007 Act”), seeking cancellation of a relinquishment deed dated 10 May 2016 concerning...3 MIN READ↗
Punjab and Haryana High Court
Continuous pre-regularization part-time or daily-wage service counts as qualifying service for pensionary benefits.
Sheelwati was appointed as a Water Carrier on part-time daily-wage basis on 07.07.1998 and was regularized on 28.08.2014; she retired on 30.04.2026.3 MIN READ↗![Benefits granted to similarly situated RTP employees must be extended uniformly, including consequential pensionary entitlements.. S R Mishra vs M/o Communications. CAT - ['Jabalpur']. LawLens](/stories/thumbnails/benefits-granted-to-similarly-situated-rtp-employees-must-be-extended-uniformly-including-89939b1d2dd14761b2f1928d18b21a7a.webp)
CAT - ['Jabalpur']
Benefits granted to similarly situated RTP employees must be extended uniformly, including consequential pensionary entitlements.
The applicants, serving or retired employees of the Department of Posts, had initially been selected and trained as Reserved Trained Pool (RTP) personnel for appointment as Postal Assistants.3 MIN READ↗![Retirement on 31 December does not bar entitlement to a notional increment due on 1 January, subject to eligibility.. ANIL SHARMA vs DEPARTMENT OF PERSONNEL AND TRAINING. CAT - ['Jabalpur']. LawLens](/stories/thumbnails/retirement-on-31-december-does-not-bar-entitlement-to-a-notional-increment-due-on-1-januar-9e53c93de1c94187873c7d7567013c43.webp)
CAT - ['Jabalpur']
Retirement on 31 December does not bar entitlement to a notional increment due on 1 January, subject to eligibility.
Applicant No. 1 was an employee under the 506 Army Base Workshop, Jabalpur, and retired on 31 December 2016.3 MIN READ↗
Madras High Court
Part-time Karnam service is ineligible for 50% pensionary service counting under Rule 11(4).
The respondent retired from Government service on 30 June 2010 while serving as an Assistant in the Revenue Divisional Office.2 MIN READ↗![Railway authority directed to decide pension representations by a reasoned order within three months.. SWAPAN KUMAR SHOME vs EASTERN RAILWAY. CAT - ['Kolkata']. LawLens](/stories/thumbnails/railway-authority-directed-to-decide-pension-representations-by-a-reasoned-order-within-th-c678aa51f4bf4d4dba1806458b45f390.webp)
CAT - ['Kolkata']
Railway authority directed to decide pension representations by a reasoned order within three months.
The applicants, both retired railway employees, filed the Original Application under Section 19 of the Administrative Tribunals Act, 1985, seeking pensionary and retiral benefits by counting half of their casual servi...3 MIN READ↗
Delhi High Court
Employees engaged before 2004 and regularised later remain governed by the Old Pension Scheme.
The Petitioners, Jit Ram and Sukhbir Singh, were engaged in the erstwhile Slum & JJ Department of the Municipal Corporation of Delhi (MCD) as Muster Roll/daily-wage Surveyors before 1 January 2004. Jit Ram was engaged...4 MIN READ↗
Delhi High Court
Employees engaged before 2004 and regularised later remain governed by the Old Pension Scheme.
The Petitioners, Jit Ram and Sukhbir Singh, were engaged in the erstwhile Slum & JJ Department of the Municipal Corporation of Delhi (MCD) as Muster Roll/daily-wage Surveyors before 1 January 2004. Jit Ram was engaged...4 MIN READ↗![Competent authority must decide the pending family-pension representation within three months under extant rules.. Ranjana Bibi vs EASTERN RAILWAY. CAT - ['Kolkata']. LawLens](/stories/thumbnails/competent-authority-must-decide-the-pending-family-pension-representation-within-three-mon-5dc78c59044940069abc1eba214bb1b3.webp)
CAT - ['Kolkata']
Competent authority must decide the pending family-pension representation within three months under extant rules.
The applicant, Ranjana Bibi, claimed to be the second wife of late Samsul, a retired Eastern Railway employee who died on 29 June 2014.2 MIN READ↗![Prior contractual service must be counted as qualifying service for pension, subject to applicable pension rules.. Dr Poonam Laul vs Govt. Of Nctd. CAT - ['Delhi']. LawLens](/stories/thumbnails/prior-contractual-service-must-be-counted-as-qualifying-service-for-pension-subject-to-app-9b9e6e63d7ef4e97bbf35ad298521338.webp)
CAT - ['Delhi']
Prior contractual service must be counted as qualifying service for pension, subject to applicable pension rules.
The applicant was appointed as a Medical Officer/Junior Specialist by the Government of NCT of Delhi on a contractual basis on 19 May 2000.4 MIN READ↗
Delhi High Court
Delhi HC directs MCD to provide vending site and permit stationary tea stall to 70% disabled vendor pending Certificate of Vending decision
The Petitioner, who suffered 70% locomotor disability in an accident in 2023, claimed to have been vending near Dalit Ekta Camp, Vasant Kunj, and sought a Certificate of Vending (“CoV”) and permission to vend at the s...3 MIN READ↗![Continuous temporary-status service without formal regularisation qualifies for family pension and retiral benefits.. SMT SUNITA SHROTRIYA vs DEPTT OF POSTS. CAT - ['Allahabad']. LawLens](/stories/thumbnails/continuous-temporary-status-service-without-formal-regularisation-qualifies-for-family-pen-40429eb8145043c5bd51d3cb1db3408a.webp)
CAT - ['Allahabad']
Continuous temporary-status service without formal regularisation qualifies for family pension and retiral benefits.
The applicant’s husband was engaged as a Contingency Paid Chowkidar in the Department of Posts on 4 September 1978 and was granted temporary status by order dated 29 November 1989.3 MIN READ↗No articles match these filters.