Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Propriety Retiral benefits Denial of Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law: Retiral benefits – Denial of – Propriety – Employee (a Lecturer in a Medical College in State of U.P.) applied for the post of Associate Professor/Reader in a Medical College in the State of Chhattisgarh through proper channel – After being appointed she applied for two years leave for joining the post in Chhattisgarh – While the leave application was pending, she joined the post in Chhattisgarh – After superannuation from the Chhattisgarh College, she sought retiral benefits from the State of U.P. which was denied – Writ petition challenging denial of retiral benefits – High Court allowed the petition directing the State to pass fresh orders in the light of the observations made by the Court – The State considered the case afresh and rejected the case of the employee – Writ petition against the order – High Court directed personal presence of the officer who had passed the order – Petition was allowed holding that request for voluntary retirement could not have been rejected as the same already stood quashed by earlier order of High Court – Appeal to Supreme Court – Held: The employee is not entitled to retiral benefits – The High Court while directing the State to pass fresh orders was not right in putting restriction that the same would be passed in the light of observations made by the Court – High Court was also not right in directing personal presence of the Officer. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2019 INSC 1350 |
Petitioner | State Of Uttar Pradesh And Others |
Respondent | Sudarshana Chatterjee |
SCR | [2019] 14 S.C.R. 849 |
Judgement Date | 2019-12-10 |
Case Number | 9300 |
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