provided that pension shall
continue to be calculated at 50% of average emoluments in all
cases and shall be subject to a minimum ... respondents
modified the aforementioned OM dated 27.10.1997 and provided
that the average emoluments for employees like the Applicants
who retire within ten months of coming
superannuation pension has been fixed as Rs. 5595/- by considering his average emoluments as Rs. 7550/- and the gratuity also has been paid ... correctness of emoluments for the purpose of working out the average emoluments of a government servant makes the provisions of Rule 65(1) (a) nugatory
Nadiad Municipal Pensioners ... vs State Of Gujarat & on 11 February, 2016
Author: J.B
petitioner instead of releasing respondent‟s pension as
per the average emoluments drawn by him during the last ten months of
service, the petitioner released ... note that pension cannot be granted
on the basis of "Average emoluments" drawn from erroneous pay
fixation. It is further submitted that
basic pay was Rs. 7,425/- and the average emolument was Rs. 11,138/-
after merging 50% of the DA with the basic pay (basic ... DAYS 4 Restricted to
33 years
(OR) 66 HALF YEARLY PERIOD
AVERAGE EMOLUMENTS
FROM _______ TO _________
FROM _______ TO _________
FROM _______ TO _________ Pay DP
FROM
terms of emoluments. For the sake of
greater clarity, Rule 33 is being extracted as under:-
"33. Emoluments
[The expression `emoluments' means basic ... emoluments for calculation of retirement benefits.]"
The term 'average emoluments' has been given in Rule 34 of
the Rules ibid which provides
Hiral P. Harsora And Ors vs Kusum Narottamdas Harsora And Ors on 6 October, 2016
specified date.
Both were in the same pay bracket, the average emolument was
the same and both had put in equal number of years ... subject to
ceiling of Rs 8100 p.a. and average emolument to be worked out
on 36 months' salary while the other will have
Hiral P. Harsora vs Kusum Narottamdas Harsora . on 6 October, 2016
Author: R.F. Nariman
specified in Rule 30: Provided that in a
case in which average emoluments as referred to in Rule 31 are treated as
emoluments ... Death-cum-Retirement Gratuity refers to in Rule
45, such average emoluments shall be treated as pay:
Provided further that if the emoluments
