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1 - 10 of 12 (0.31 seconds)Article 226 in Constitution of India [Constitution]
Article 14 in Constitution of India [Constitution]
Smt. Shashi Kiran And Ors. vs Union Of India And Ors. on 24 August, 2016
(i) Smt.Shashi Kiran & Others Vs. Union of India &
others, LPA No.410/2014 and connected matters disposed
of on 24.08.2016.
Mrs. Amita Ajit Desai And Ors vs Union Of India Through The Secretary And ... on 17 January, 2019
In the Judgment of High Court of Judicature at Bombay
in the case of AMITA AJIT DESAI AND OTHERS Vs. UNION OF
INDIA & OTHERS in WRIT PETITION NO.1331 of 2017, it is held that
such conversion of Pension Scheme is permissible even after
retirement. In that case also, petitioners were retired from service
between 2006 to 2015 and had applied for benefit of conversion
during the year 2017. Considering the law laid down by Hon'ble
Apex Court, the High Court of Judicature at Bombay held that an
employee can convert his CPF account to GPF Pension Scheme,
subject to condition that he shall refund the contribution with
interest at the rate of 8% per annum. The Union Government has
challenged said Judgment before Hon'ble Apex Court in SLP (Civil)
Diary No.16882 of 2019 and said SLP was dismissed on
23.08.2019. The said case is more important to the facts of present
case because in that case also, employees were retired between
the year 2006 to 2015 had filed writ petition during the year 2017.
Though there was a delay in challenging the said orders, the High
Court of Judicature at Bombay has allowed the application and it
University Of Delhi vs Shashi Kiran And Ors. Etc. Etc. on 10 May, 2022
(ii) University of Delhi vs. Smt.Shashi Kiran & Others
etc., decided by Hon'ble Supreme Court of India.
State Of U.P.& Ors vs Arvind Kumar Srivastava & Ors on 17 October, 2014
27. The learned counsel appearing for the petitioner has
relied on the judgment in the case of STATE OF UTTAR PRADESH
AND OTHERS Vs. ARVIND KUMAR, SRIVASTAVA AND OTHERS1.
Facts of the present case are totally unconnected with the facts of
1
(2015) 1 SCC 347.
Mangat Ram Sharma S/O Sh. Swami Dass R/O vs State Of Jammu & Kashmir on 27 June, 2022
28. The learned advocate for petitioners has also relied on
a Judgment in the case of MANGAT RAM Vs. STATE OF JAMMU
AND KASHMIR AND OTHERS2. There is no dispute regarding
principle of law laid down in the said Judgment. A party may lose
his right to claim a remedy, due to latches, delay as well as
acquiescence. But in this case, the said principle is not applicable.
Due to default of KVS, it went on deducting contributions or
subscriptions even after OM of the year 1988. At the time of
2
2018 SCC OnLine J&K 712.
D.C.S. Negi vs Union Of India (Uoi) And Ors. on 11 April, 2008
29. The learned counsel for petitioner has also relied on
the judgment reported in the case of D.C.S. NEGI Vs. UNION OF
INDIA AND OTHERS3. In this case, the Tribunal did not consider
regarding point of delay and latches, therefore, Hon'ble Apex Court
allowed the SLP and remanded the matter to the Tribunal to re-
consider the said point. The learned counsel for petitioner has not
produced the further orders passed by Tribunal in this regard. In
this case CAT considered the said point and answered against
petitioner herein. Hence, the said Judgment does not help to
buttress the contentions of petitioner.
Asst. Commissioner Of Wealth Tax, ... vs J C Renuka Devi, Anantapur on 7 June, 2021
(x) The Commissioner KVS Vs. Renuka Devi on the file
of Hon'ble Supreme Court of India.