Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law - Voluntary Retirement - Non-acceptance of withdrawal of voluntary retirement |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law - Voluntary Retirement - Non-acceptance of withdrawal of voluntary retirement - Challenged to - Disciplinary proceeding pending against employee on charges of gross negligence in discharge of duties - Employee seeking permission to retire - Acceptance of permission - However, subsequent request by employee to permit him to continue in service, rejected - Meanwhile, conclusion of disciplinary proceeding by imposing punishment of 25% cut in pension amount of the employee - In appeal, said order set aside by the Commissioner- Grant of pensionary benefits to employee - After lapse of two years, employee seeking reinstatement in service - Tribunal directing the employee to continue in service till h'e._attains superannuation - Writ Petition thereagainst, allowed by High Court - Held: Justified - High Court rightly concluded that the employee filed an appeal before the State Government against the order of cut in pension as a retired employee and he himself stated that he had submitted the pension proposals for fixation of pension - Thus, the employee cannot be allowed to proceed further, that too after expiry of two years seeking reinstatement in service taking the benefit of the order passed by the State Government - AP. Revised Pension Rules, 1980. |
Judge | Hon'ble Mr. Justice M.Y. Eqbal |
Neutral Citation | 2014 INSC 442 |
Petitioner | P. Krishna Murthy |
Respondent | The Commnr. Of Sericulture Andhra Pradesh, & Anr. |
SCR | [2014] 7 S.C.R. 907 |
Judgement Date | 2014-07-01 |
Case Number | 5897-5898 |
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