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United Democratic Electricity ... vs Kerala State Electricity Board Ltd on 8 April, 2022

"15. As far as the claim for pensionary benefits based upon the old pension scheme which ended on 31.12.2003 is concerned, we are of the W.P.(C) No.3577 of 2021 -10- opinion that a somewhat different result would have to follow. Undoubtedly, all the petitioners were declared medically fit by 2003. However, they could not be issued with appointment letters and joined subsequently in 2004 or 2005. It is here that the observations in Avinash Singh (supra) quoted with approval in Naveen Kumar Jha (supra) become relevant. Although the petitioners were declared fit earlier - at least much before the cessation of the old pension rules, there was an administrative delay in the issuance of the appointment letter asking them to join training. In these circumstances, in the interests of justice, we hold that they should be entitled to the benefits of the old pension scheme."
Kerala High Court Cites 2 - Cited by 0 - V G Arun - Full Document
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