Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law – Family pension |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law – Family pension – Claim of – Husband of the respondent-wife died in harness as work-charge employee in the year 2005 – In the year 2017 i.e. after period of twelve years from the death of deceased employee, the respondent-wife filed a writ petition and claimed the services of her late husband ought to have been regularized and therefore she is entitled to family pension – Single Judge of the High Court directed the State to regularize the services of respondent’s husband one day prior to his demise so that respondent gets entitled to pensionary benefits – Aggrieved, State filed appeal before the Division Bench of the High Court, which was dismissed – On appeal, held: Deceased employee never claimed any regularization during his lifetime – Respondent claimed regularization twelve years from the death of the deceased employee – At the time of death, the employee was much below in the seniority list of work charge employees whose services were to be regularised – High Court committed error in issuing direction to regularise the services of the deceased employee one day prior to his death – Judgment and order of High Court unsustainable and set aside. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 695 |
Petitioner | The State Of Nagaland & Ors. |
Respondent | Nishevi Achumi |
SCR | [2022] 7 S.C.R. 592 |
Judgement Date | 2022-07-11 |
Case Number | 4223 |
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