...officer or a person belonging to another rank or a non-combatant (enrolled), he would become ineligible for grant of pension or gratuity on the passing of an order of dismissal. The disentitlement to...hand, when the punishment of dismissal is inflicted under Section 71(e), the provisions of Regulation 113(a) become attracted. The result of punishment is that the benefit of pension or gratuity which is...given under the Regulation is taken away. The order of dismissal under the provisions of the Army Act in the case of an employee like the respondent would make him ineligible for pension or gratuity...

...ORAL JUDGMENTPetitioner superannuated on 30th June, 2013. An order of dismissal, stoppage of payment of pension, gratuity etc. including filing of a certificate case or a...dismissal. Decision for stoppage of pension etc. also cannot be taken unilaterally in the manner in which it has been done without following the process of law. Obviously, the District Education...

...termination was by way of dismissal or removal, he would have forfeited his past service as also his pension and gratuity under the Pension Rules. Even if it is assumed that he was not dismissed or...abolition of his post. Nor is he claiming compassionate allowance (on being dismissed/removed after putting in service of an extent which would entitle him to pension but for the dismissal/removal). The only...condition, the learned Single Judge disposed of the writ petition by declaring that the petitioner was deemed to have retired from service from 18-7-1982 and directing that pension be sanctioned from...

...grant of any pension or gratuity in respect of service rendered by him on account of his dismissal in the light of Regulation 69. The Government could, however, grant pension or gratuity in exceptional...Act is ineligible for pension or gratuity in respect of the service rendered by him before his dismissal.Provided that the Central Govt. may, where it satisfied that the exceptional...service rendered by him before his dismissal. The petitioner, by reasons of the said provisions, was and continues to be ineligible to claim any pension or gratuity in respect of the service rendered by...

...humanitarian grounds under Rule-41 of CCS(Pension) Rules for grant compassionate allowances i.e. pension and gratuity wef from the date of his Dismissal from service i.e. 23/08/2003 in view of the...Judicial pronouncements on the subject and the petitioner may be entitled for his pension and gratuity with arrears;c.) Issue a writ of Mandamus or any other writ/directions/orders as...

...result of punishment is that the benefit of pension or gratuity which is given under the regulation is taken away. The order of dismissal under the provisions of the Army Act in the case of an employee...service. The dismissal under the provisions of the Army Act is, therefore, a disqualification for getting pension or gratuity.”22. The High Court in the...claims to pension, gratuity or allowances shall be regulated by the Regulations in force at the time of an individual's retirement, release, resignation, discharge, death etc., as the case may be...

...gratuity. Upon the dismissal of the appeal filed by the bank, a circular was issued on 30 October, 2010 stating that it had been decided to discontinue the scheme for payment of pension in lieu of gratuity...conditions in the corresponding new bank inter alia with the same right to pension, gratuity and other matters until his employment in the new bank was terminated or until his remuneration terms and...Payment of Gratuity Act and opt for pension in lieu thereof whereas at his retirement, the Petitioner was given an option and had opted for ...

.... (iii) This Hon'ble Court may kindly be pleased to direct the respondents to grant invalid pension and gratuity to the petitioner w.e.f. the date of his dismissal...reliefs in the petition:- "(ii) Impugned dismissal order may kindly be directed to be quashed and the respondents may kindly be directed to grant invalid pension...and gratuity as admissible under rule 35 of MP Civil Services (Pension) Rules, 1978 and to treat entire period of so called absence from duty as spent on duty...

...terms of Regulation 46 of the Officers Service Regulation the husband of the petitioner or petitioner is not entitled to the pension or family pension, gratuity and leave encashment. He was only entitled for the amount of p...husband of the petitioner, petitioner is not entitled to benefit under the heading of pension, gratuity and leave encashment but certainly if the petitioner is....Learned counsel for the Bank submits that services of the petitioner were dispensed with on account of his dismissal on the charge of misconduct. As he was dismissed from service in...

...appointment, widow pension and gratuity are taken away. Therefore, she has every right to pursue appeal.Learned counsel for the respondents, on the other hand says that this right is really..., widow pension, gratuity etc. Therefore, I hold that the petitioner is competent to maintain the departmental appeal.As such, the impugned order is set aside. I direct the appellate...dismissal from service which had happened on 24 December, 2010. The present appeal was preferred by the widow on 5 February, 2011. He submits because of dismissal order, her right to claim compassionate...

...dismissal and he was also entitled to retirement benefits like pension, gratuity, leave encashment, payment of G.P Fund. The said decree was affirmed in appeal by the District Judge, Jalandhar by his...view that insofar as the claim for arrears of salary for the period 21-7-1975 to 6-3-1981 is concerned, the cause of action arose on 6-3-1981 when the order of dismissal was revoked and the respondent...

...relating to retirement benefits will be applicable and not the other one.9. As Article 14 stipulates forfeiture of all past service for the purpose of grant of pension/gratuity only in the case of dismissal ...forfeiture of all past service for purpose of grant of pension/gratuity”.8. From the aforesaid two provisions, it is clear that one is general and the other is specific relating to retirement...removal, the authorities cannot forfeit the past service for the purpose of grant of pension/gratuity in the case of resignation simpliciter.10. The...

...dated 31st August, 1999 passed in CWJC No. 157/ 99 (R). It was alleged that the opposite parties have not paid the rest of the pension and Gratuity amount inspite of specific direction of this Court...his counsel Mr. A. Banerjee. Such amount is stated to have been paid as final payment towards Pension arrears (Rs. 29,780/-) and D.C.R. Gratuity (Rs. 99,140.25 ps.). subject to the decision, as may be...and dismissal of appeal. (L.P.A.). 2. The Counsel for the Board handed over an Account Payee cheque dated 5th June. 2001 for Rs. 1,28,920.25 ps. issued in the name of petitioner, to...

...the respondent was legally sustainable still he could not be deprived of his pension and gratuity in the absence of any express embargo to that effect in the dismissal order...required to earn a pension or gratuity is eligible for the same in case he is dismissed from service under the provisions of the Act?The questions arise in the wake...question we find that the grant of pension and gratuity to Junior Commissioned Officers, Other Ranks and Non-Combatants (Enrolled) is regulated by Chapter III of the Pension Regulations for the Army...

...Judge, on 22-10-2002, decreed the suit of the respondent herein holding that the dismissal order was passed as per law but he was entitled to pension, gratuity, provident fund, etc. Aggrieved by the..., (1991) 16 ATC 546(2) submitted that irrespective of the order of Dismissal/removal the respondent is entitled to pension and gratuity for the past service rendered by him. In view of our...order of dismissal from service, the authorities were not entitled to forfeit pension or other benefits.11. We have carefully considered the rival submissions with reference...

...Act is ineligible for pension or gratuity in respect of the service rendered by him before his dismissal.Provided that the Central Govt, may, where it satisfied that the exceptional...circumstances of the case justify it, grant service pension or gratuity, at a rate not exceeding that for which the sailor would have been eligible had he been discharged on the date of his dismissal...service rendered by him before his dismissal. The petitioner, by reasons of the said provisions, was and continues to be ineligible to claim any pension or gratuity in respect of the service rendered by...

...enquiry. The appellant had challenged the order of dismissal and also claimed the invalid pension and gratuity under MP Civil Services (Pension) Rules, 1978.3. Learned Single Judge vide...entitled for any pension after dismissal. The learned Single Judge while dismissing the writ petition has held as under:-“In the relief clause, the petitioner has challenged the dismissal...retrospective application. The dismissal order has attained finality. Writ petition suffers from inordinate delay.Rule 24 of MP Civil Services (Pension) Rules, 1976 reads as under...

...9 April, 1997. On account of dismissal of the appellant from service, the appellant has been denied benefit of pension and gratuity. In this backdrop, the appellant had approached the Court and..., has noted that on account of dismissal or removal from service, the government servant forfeits his pension and gratuity. The government servant cannot claim compassionate allowance as a matter of right...allowance under Rule 41(2) of CCS(Pension) Rules, 1972 w.e.f April 1997 and also grant of other benefits admissible to the appellant.3. The learned Single Judge...

...hence not maintainable.6. Although in para 20 of the writ petition the petitioner has alleged that no writ petition is pending against withholding pension, gratuity, etc, the claim to the relief prayed for in this peti...misconceived. It is the contention of the petitioner that he has challenged the dismissal order in the present petition as because of dismissal order petitioner is denied pension and gratuity, etc. He further...contends that the punishment of dismissal was disproportionate to the charge levelled against him and because of this severe punishment petitioner was denied pension, gratuity, etc. It was submitted...

.... 5. Copy of order of dismissal. 6. Copy of order for fixing pension. 7. Total amount of Gratuity paid. 8. If I would not have been dismissed, then...findings of Enquiry officer. 3. Copy of decision taken on the explanation submitted. 4. Show cause notices copy of proposed penalty of dismissal...