...respondents have refused to count the initial 7 years and 6 months of daily wage service towards the computation of pension and gratuity, thereby infringing statutory rights vested in him under Rule 12(2) of the M.P. Civil Services (Pension) Rules...

...that no vested rights to pension could be claimed.2. The present Review Petition is filed by the Petitioner in Writ Petition No. 2002 of 2013. The main grounds urged are that, there is..., submitted that the application of rule 2 of the Pension Rules, 1982 is vested with MHADA with effect from 15 August, 1982.5. In these circumstances, the review...for conditions and rules of the MHADA employees and admittedly, no such rules have been framed. In the absence of the Rules, there being no vested right in favour of the Petitioner, we were of the view...

...which they are entitled for under the law. The scheme was in vogue for more than two decades and it is not open for the appellant Bank to take away their vested rights in an arbitrary manner and deprive them the benefit of ...view, non-availability of financial resources would not be a defence available to the appellant Bank in taking away the vested rights accrued to the employees that too when it is for their socio-economic security. It is an assurance...effect of defeating the rights which are conferred upon the employees to seek pension under the rules which became applicable with effect from 1 April, 1989 and finally held that the employees are...

...Calcutta High Court and in the case of P. Thamilarasi (supra) dealt with pension and an order varying the vested and or Statutory rights in the nature of Pension. Pension is a right created under...order under the Memorandum No. 674-SE dated 30thMay, 2008. (e) Vested rights which accrued on the guest teachers to receive remuneration in terms of the...the remuneration payable to ad-hoc appointees and no vested rights accrue to the petitioner to enforce the terms of the Memo dated 30 th May 2008. The Engagement of the petitioners was not...

...Calcutta High Court and in the case of P. Thamilarasi (supra) dealt with pension and an order varying the vested and or Statutory rights in the nature of Pension. Pension is a right created under...order under the Memorandum No. 674-SE dated 30thMay, 2008. (e) Vested rights which accrued on the guest teachers to receive remuneration in terms of the...the remuneration payable to ad-hoc appointees and no vested rights accrue to the petitioner to enforce the terms of the Memo dated 30 th May 2008. The Engagement of the petitioners was not...

...Calcutta High Court and in the case of P. Thamilarasi (supra) dealt with pension and an order varying the vested and or Statutory rights in the nature of Pension. Pension is a right created under...order under the Memorandum No. 674-SE dated 30thMay, 2008. (e) Vested rights which accrued on the guest teachers to receive remuneration in terms of the...the remuneration payable to ad-hoc appointees and no vested rights accrue to the petitioner to enforce the terms of the Memo dated 30 th May 2008. The Engagement of the petitioners was not...

...Calcutta High Court and in the case of P. Thamilarasi (supra) dealt with pension and an order varying the vested and or Statutory rights in the nature of Pension. Pension is a right created under...order under the Memorandum No. 674-SE dated 30thMay, 2008. (e) Vested rights which accrued on the guest teachers to receive remuneration in terms of the...the remuneration payable to ad-hoc appointees and no vested rights accrue to the petitioner to enforce the terms of the Memo dated 30 th May 2008. The Engagement of the petitioners was not...

...Calcutta High Court and in the case of P. Thamilarasi (supra) dealt with pension and an order varying the vested and or Statutory rights in the nature of Pension. Pension is a right created under...order under the Memorandum No. 674-SE dated 30thMay, 2008. (e) Vested rights which accrued on the guest teachers to receive remuneration in terms of the...the remuneration payable to ad-hoc appointees and no vested rights accrue to the petitioner to enforce the terms of the Memo dated 30 th May 2008. The Engagement of the petitioners was not...

...Calcutta High Court and in the case of P. Thamilarasi (supra) dealt with pension and an order varying the vested and or Statutory rights in the nature of Pension. Pension is a right created under...order under the Memorandum No. 674-SE dated 30thMay, 2008. (e) Vested rights which accrued on the guest teachers to receive remuneration in terms of the...the remuneration payable to ad-hoc appointees and no vested rights accrue to the petitioner to enforce the terms of the Memo dated 30 th May 2008. The Engagement of the petitioners was not...

...prior to the amendments. Such vested rights cannot be taken away. Before the amendment, pension was to be calculated on the basis of the average pay drawn over a period of twelve months prior to...higher amounts as pension, thereby affecting the value of the pension fund. The intention of the Parliament in framing the Scheme was to secure the rights of the lower wage earners. The said object was...which in turn was found to affect the rights of the lower wage income group who receive pension. It was in order to safeguard the interests of the said lower income group that the amendments were...

...pension scheme, the vested rights of existing/serving employees were protected. By Government Memo No.653 dated 22.09.2004, a new Contributory Pension Scheme was introduced in the State. The scheme...employee had a vested right to pension as a contingent employee under the 1980 Rules. 7. It has been contended that the employee was regularised prospectively from 2008...the widow of a deceased employee, who worked as an NMR in Kurnool Municipal Corporation since 1996 was entitled to pension in terms of the Andhra Pradesh Revised Pension Rules, 1980 (hereinafter...

...hold office or service in the coal mine with the same rights to pension, gratuity and other matters as would have been admissible to him if the rights in relation to such coal mine had not been...substitution in such cases. If that aspect is borne in mind, we have to apply the usual principles of finding out the rights of the parties flowing from an amendment of a provision. If there is a vested right...from the appointed day, an employee of the Central Government or, as the case may be, of the government company in which the right, title and interest of such mine have vested under this Act, and shall...

...31.10.1981 Any subsequent amendment in Rule 49 could not have the effect of nullifying the vested rights of the petitioner. Mr. Bal further submits that a bare perusal of the judgment in particular para 10 clearly shows that Proviso...cannot take away the rights already vested in persons like the petitioner who are/were in receipt of pension for the last two decades.5. Mr. Guglani, learned counsel appearing for the...does not confer any additional right of pension on BSF employees.”7. Mr. Bal has vehemently argued that vested rights of the petitioner cannot be taken away. He has submitted that the law laid down by the Sup...

...) by an amendment dated 11-3-2014 which was introduced with effect from 1-4-1989 and the employees who availed the benefit of pension under the scheme, indeed their rights stood vested and accrued to...applicability, as a vested right already created in the respondent on the date of his retirement to receive pension in accordance with rules, cannot be taken away by retrospective application of amendment...concept of vested or accrued rights of an employee and at the given time whether such vested or accrued rights can be divested with retrospective effect by the rule-making authority...

...3828, wherein the retrospective amendment of the pension scheme was examined, clearly held that vested rights cannot be taken away in such manner. In para 24 to 34 of the judgment, the Constitutional...who availed the benefit of pension under the scheme, indeed their rights stood vested and accrued to them and any amendment to the contrary, which has been made with retrospective operation to take...which has the effect of taking away the benefit already available to the employee under the existing rule indeed would divest the employee from his vested or accrued rights and that being so, it would...

...." 15. From the above, it is clear that retirement benefits including gratuity, leave encashment, composite transfer grant and pension, are vested rights of the applicant and...gratuity, leave encashment, composite transfer grant and pension. 3. According to the applicant, he voluntarily retired on 05.03.2013 from the post of cableman at Ankushpur...has been made: (i) The applicant's request for voluntary retirement was accepted on 05.03.2013 and the pension paperwork was completed in which the applicant mentioned...

...cannot be said that the Government by virtue of said GR dated 29-11-2010 disturbed or took away the vested or existing rights of the employees to receive pension under the old scheme. As far back as...a disqualification, disentitling him to a claim for pension. 72. In the above view of the matter, it is not possible for us to accept, that the rights of the concerned employees under ‘the 1999...Scheme’, can be stated to get vested, only on the date when a concerned employee would attain the age of superannuation, and satisfy all the pre-requisites for a claim towards pension. We are also...

...retrospective effect from 1-11-1966 and it restricted the benefits of military service up to 10-1-1968. A question arose whether the vested rights which had accrued to the petitioner therein in 1969, 1970...rights accrued in the course of two decades. Thus, vested and accrued rights are not to be impaired.40. To understand what is precisely meant by vested right in the context of a...deprive an employee of his valuable vested right like pension after retirement as such deprivation of vested right is violative of Article 14 of the Constitution being unreasonable and arbitrary...

.... 12. Therefore, the retrospective amendment / change affecting the vested or accrued rights of employees, adversely affecting their pension...issued by the sixth respondent in Na.Ka.No.1327/A1/2023 dated 15.09.2023 and quash the same and consequently direct the respondents to retain the petitioner in the old pension scheme in ASTPF No...respondent dated 22.08.2023, thereby rejected the case of the petitioner under old pension scheme. Page 2 of 8 2...