Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law Pension |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Service Law: Pension-Bihar Pension Rules, 1950-Rule 43(a) and (b)-Government accommodation-Retention of by ex-employee, after retirement-Extension of time by High Court-Vacation of quarter not within the specified period but two months later-Departmental proceeding's-Penal order withholding permanently 5% of the pension for the misconduct committed-On appeal held : Occupation of quarter during period extended by Court is litigious possession-Deduction of pensionary benefit disproportionate to the misconduct alleged-Balance of convenience and prime facie case in favour of ex-employee as he would suffer irreparable loss and injury-However, occupation after the period allowed by High Court illegal-Employee directed to pay Rs. 500 p.m. as rent for the period of illegal occupation to meet ends of justice-Constitution of India, 1950-Article 136. Appellant-ex employee of the respondent-Electricity Board did not vacate the Board's quarter after retirement. High Court issued directions for vacation and thereafter, on humanitarian ground granted extension upto 1.11.1999. Appellant sought further extension of time. Division Bench of High Court rejected the same. Appellant vacated the Board's quarter on 6.1.2000 and also informed the respondents. Thereafter, respondent-Board issued penal order withholding permanently 5% of pension of the appellant under Rule 43(a) of Bihar Pension Rules, 1950. Appellant challenged the penal order. Single Judge of High Court dismissed the writ petition. Division Bench also dismissed the Letter Patent Appeal. Hence the present appeal. |
Judge | Hon'ble Dr. Justice A.R. Lakshmanan |
Neutral Citation | 2005 INSC 125 |
Petitioner | Ram Dayal Rai |
Respondent | Jharkhand State Electricity Board And Ors |
SCR | [2005] 2 S.C.R. 576 |
Judgement Date | 2005-03-09 |
Case Number | 1599 |
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