Search Results Page
Search Results
1 - 5 of 5 (0.23 seconds)
Unknown vs 18-09-2015
cites
Public Service Commission, ... vs Jagdish Chandra Singh Bora & Ors on 3 March, 2014
27. It is settled principle of law that Executive instructions
cannot supplant Rules framed under proviso to Article 309 of the
Constitution, but can only supplement them [Public Service
Commission, Uttaranchal v. Jagdish Chandra Singh Bora
(para 28)].
Union Of India & Ors vs K. G. Radhakrishana Panickar & Ors on 28 April, 1998
31. Heavy reliance is placed by the learned standing counsel for
the Indian Railways on the decision of the Supreme Court in the
case of Union of India and others vs. K.G.Radhakrishana
Panichar and others . The Supreme Court held that prior to
01.01.1981, casual service was not recognised for any service
benefits and therefore the same would not count for determination
of retirement benefits. The said decision only deals with
entitlement of casual labour prior to 01.01.1981, when scheme
was introduced. After notification of the 1993 Rules, the said rules
apply to all persons in service as on the date of coming into force of
the 1993 Rules and occupy the field.
Ram Kumar And Ors vs Union Of India And Ors on 21 February, 1991
32. Before the notification of the 1993 Rules, the entitlement to
retirement benefits of various categories of Railway employees
came up for consideration before the Supreme Court in
Ram Kumar and others vs. Union of India and others . By
interpreting the provisions contained in paragraph 2511 of the
Indian Railway Establishment Manual, the Supreme Court agreed
with the submissions made by the learned Additional Solicitor
General that retirement benefits and pension were not admissible
to a temporary Railway servant and casual labour acquiring
temporary status. Civil Miscellaneous Petitions were filed seeking
clarification of the earlier decision in Ram Kumar. It was brought
to the notice of the Supreme Court that on the basis of the Fourth
Pay Commission report, the Board had taken a decision to provide
pension at the time of superannuation even to those who were
temporary employees. Having regard to the same, Supreme Court
directed the Railway Board to consider the claim of temporary
employees for pension at the time of superannuation or otherwise.
Raja Ram Kumar Bhargava (Dead) By Lrs vs Union Of India on 11 December, 1987
The Court also noted in para-5 of the order dated 06.09.1990 in
the case of Ram Kumar v. Union of India that appropriate
material was not placed before the Court when the Court accepted
the stand of learned Additional Solicitor General. It is thus clear
that even prior to notification of the 1993 Rules temporary
servants granted retirement benefits. As analyzed in detail in
earlier paras, the 1993 Rules comprehensively provided various
benefits to various categories of persons associated with Railway
service.
1