#Pension Entitlement

Bombay High Court holds that employees of autonomous bodies like SIET are not entitled to government pension, even if their pay scales match state employees. The ruling clarifies that government servant status requires statutory recognition, not merely functional alignment, and rejects promissory estoppel claims for pension benefits.

Bombay High Court rules that assistant teachers in 100% grant-in-aid schools, appointed and approved before 1 November 2005, are entitled to the Old Pension Scheme under Maharashtra Civil Services (Pension) Rules, 1982. The Court quashed rejection orders, reinforcing the cut-off date for pension benefits and setting a precedent for similarly placed employees.

The Bombay High Court ruled that a retired employee’s retiral benefits cannot be denied merely because his Scheduled Tribe certificate was invalidated after service - especially when he was never served the cancellation order. This upholds natural justice in administrative actions and ensures that procedural lapses by the state do not deprive retirees of statutorily guaranteed benefits under Government Resolution 14.12.2022.

The Kerala High Court has directed the State Co-operative Employees Pension Board to reassess a retired bank employee's pension by incorporating the full benefit of promoted grades, even if approval was delayed. This ensures that judicial orders mandating salary revision are not rendered meaningless by administrative inertia, setting a critical precedent for co-operative sector employees whose pensions are wrongly calculated based on entry-level posts.

Allahabad HC directs authorities to decide family pension claims of divorced daughters under Government Order 08.12.2008, rejecting marital status as a disqualification. The ruling reinforces gender equality in service law, ensuring divorced daughters receive benefits on par with other dependents.

The Delhi High Court has ruled that discharging a soldier before 15 years of service without a mandatory Release Medical Board recommendation nullifies the statutory intent behind pension entitlements. An indifferent administrative attitude cannot substitute prescribed medical due process, reinstating the petitioner with full service benefits and setting a binding precedent for all medical discharges under Army Rules.

Madhya Pradesh High Court rules that work-charged employees with 6+ years of continuous service qualify for family pension under the amended 1979 Rules, overturning the previous 10-year threshold. The judgment mandates immediate pension disbursement with arrears and 6% interest, setting a precedent for similarly placed employees.

The Rajasthan High Court has ruled that government employees retiring without any pending disciplinary or judicial proceedings are entitled to immediate payment of provisional pension under Rules 86 and 90, regardless of delays in finalizing permanent pension. This binding directive protects retirees from financial hardship and mandates administrative compliance, reinforcing pension as a vested right, not a discretionary benefit.

Bombay HC holds that EPFO cannot reject higher pension claims based on missing Form 6A or challans if EPF statements and Form 3A confirm contributions. Employees cannot be penalized for employer or administrative failures beyond their control, ensuring statutory pension rights under the Employees' Pension Scheme 1995.

Punjab & Haryana High Court rules that disciplinary proceedings initiated after retirement cannot be used to withhold full pension or Assured Career Progression (ACP) benefits. The court directed payment of all retiral dues with 6% interest within two months, reinforcing that superannuation extinguishes the state's power to penalize through financial deprivation.

CAT Patna reinforces the statutory entitlement of elder unmarried daughters to family pension under Rule 50(9)(j) of the CCS (Pension) Rules, 2021, once all minor children cease to qualify. The ruling clarifies that dependency, not age, determines eligibility, ensuring financial security for unmarried daughters of deceased government employees.

Madhya Pradesh High Court rules that dependents of deceased public servants are entitled to dearness allowance on family pension from the date of entitlement, not just from the date of the court order. The judgment mandates arrears payment with 6% interest for delays, reinforcing financial security for pension beneficiaries under service law.

Madhya Pradesh High Court holds that government employees retiring on June 30 are entitled to annual increment from July 1, with arrears payable only from May 1, 2023, per Supreme Court guidelines.

Bombay High Court holds that permanent teachers cannot be terminated without disciplinary proceedings or formal order, even in aided schools; entitles them to back wages and pension.

Delhi High Court holds that childless widow's remarriage does not extinguish family pension rights under CCS Pension Rules; dependent parents ineligible if widow exists.