#public service benefits

The Allahabad High Court has ruled that cooperative employees are entitled to full leave encashment upon superannuation, regardless of pending disciplinary proceedings, as no provision under the 1975 Regulations permits such withholding. This reinforces earned benefits as non-negotiable rights, protecting thousands of cooperative sector workers from arbitrary financial delays by employers.

The Allahabad High Court has ruled that dependents of deceased government employees are entitled to disability family pension even if the disability certificate was submitted only after the employee's death. This removes a procedural barrier that had unfairly denied welfare benefits to families, affirming that substantive disability must prevail over technical non-compliance with timing requirements under the 1997 Order.

Himachal Pradesh High Court rules that stopping a widow's family pension based on unproven remarriage allegations is arbitrary and violates natural justice. The state must release arrears with 6% interest if not paid within three months, setting a precedent for burden of proof in pension disputes.

MP High Court rules that once a court upholds an employee's entitlement to public service benefits like Kramonnati, subsequent recovery orders against the officer authorizing the benefit are invalid. The judgment reinforces that administrative liability cannot override judicial validation of entitlements.

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.

Telangana High Court rules that undue delay in releasing admitted commutation and gratuity payments post-finalization amounts to a violation of Articles 14, 16, and 21. The court directed the state to release payments within six weeks, failing which a 10% interest penalty applies. This sets a binding precedent for timely disbursal of retiral benefits to retired government employees.

Punjab & Haryana HC bars recovery of Rs. 3.4 lakh excess pension paid over nine years, holding that administrative errors cannot be rectified at the pensioner's cost where no fraud or misrepresentation is proven. The ruling reinforces equitable relief under Rafiq Masih, protecting retirees from retrospective financial burdens due to clerical mistakes by authorities.

Punjab and Haryana High Court holds that denial of medical reimbursement solely on absence of name in Family ID is arbitrary; mandates fresh adjudication with full evidence.

Madhya Pradesh High Court holds that pending departmental proceedings cannot justify denial of provisional gratuity under Rule 64 of M.P. Civil Services Pension Rules, 1976.

Chhattisgarh High Court directs state to decide leave encashment claims of retired work-charged employees within three months, binding itself to prior precedent in Faguvaram Patel v. State of C.G.

Bombay High Court holds that compensation under Government Resolution dated 4th August 2021 is limited to employees directly involved in COVID-19 duties, denying claim of Class-IV worker's family.

CAT Jammu holds that recovery of excess pay granted decades ago without fraud or notice is illegal; mandates release of withheld gratuity and arrears with interest.