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Documents citing Nirmal Rani vs Union Of India And Others on 29 July, 2008

Gopi Ram Hr His Wife Meena Devi vs State Of Haryana And Ors on 14 January, 2020

In another judgment passed by a Division Bench of this Court in Nirmal Rani vs. Union of India and others 2008 (4) SCT 689 in which the services of Yash Pal were terminated w.e.f 13.8.1994 on a finding that for all practical purposes he had been declared permanently incapacitated vide medical report dated 5.8.1994 and declared unfit for service. The termination order was passed on 11.6.2002 with retrospective effect from 13.8.1994. The claim for terminal benefits and for compassionate appointment was turned down by the employer and the 10 of 12 ::: Downloaded on - 09-02-2020 10:43:00 ::: CWP No. 10158 of 2017 :11: Tribunal in the original application brought for redressal of the grievance. The issue before the Court was whether in the face of Section 47 of the 1995 Act, the services of an employee acquiring disability during service could be terminated.
Punjab-Haryana High Court Cites 11 - Cited by 3 - R Bahri - Full Document

Jagat Singh (Deceased) Though His Legal ... vs Punjab State Electricity Board And ... on 29 November, 2012

In Nirmal Rani Vs. Union of India and others, 2008 (4) SCT 689, a Division Bench of this Court held that termination of service CWP No.6198 of 1994 -6- of the employee with retrospective effect was wholly illegal, unwarranted and unjustified. The matter in that case related to the protection under Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and termination of the employee vide order dated 11.6.2002 with retrospective effect from 13.8.1994 which was after coming into force of the Act of 1995, was held to be of no consequence.
Punjab-Haryana High Court Cites 10 - Cited by 4 - Full Document

Haryana Vidyut Prasaran Nigam (Hvpn) & ... vs Smt. Roshni Devi on 5 July, 2012

6. It is not disputed in the present case as well that the history of mental disability did not relate back to the date of appointment and was acquired during service. The Special Medical Board had certified the disability. Therefore, we find that the order of premature retirement/ termination cannot be legally sustained being in violation of Section 47 of the 1995 Act, and the law laid down in Nirmal Rani case supra the termination order would necessarily deserve to be re- examined by the appellant for it to review the same in the light of the said rendition of the law in the aforesaid judgments and/or consider the case for compassionate appointment of the petitioner's son from the date of death of Sharma or to grant financial assistance in the alternative in accordance with law and in the light of polices of HVPN LPA No. 823 of 2012 -7- that might exist effective on the date of death of Sharma keeping in view that the eligibility criteria is met with.
Punjab-Haryana High Court Cites 5 - Cited by 1 - R N Raina - Full Document
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