Prior to the liberalisation of the formula for
computation of pension average emoluments of the last 36
months' service of the employee provided ... pension. By the liberalised scheme, it is now reduced to
average emoluments of the last 10 months' service. Pension
would
putation of
pension after retirement is made on the basis of average emoluments and a
part of the Running Allowance is included in average emoluments ... Rule 2544 provided as follows :
"Rule 2544 (C.S.R. 486) - Emoluments and Average Emoluments : The term
"Emoluments", used in these Rules
State Of H.P & Ors vs Rajesh Chander Sood Etc Etc on 28 September
three
services, shall be calculated at 50 per cent of the reckonable emoluments,
for a qualifying service of 33 years (to be reduced proportionately ... lesser
qualifying service). It defined 'reckonable emoluments' for purposes of
retiring/service pension as average of pay, NPA and rank
that in the meantime
on 25th March, 2008, the shareholders approved the emoluments of Mr.
Sinha as recommended with effect from 27th December, 2006. This ... bonus was for the future but
in reality the resolution enhanced the emoluments with effect from
27th December, 2006. Mr. Sinha in fact drew emoluments
with effect from 1.1.2002 and that he was not entitled for any emoluments with effect from 1.1.2002 by reason of which no increment need ... Regulations. Generally, the amount of pension is fixed taking into consideration the emoluments paid to a Government servant in the last year or part
formula of computation.
For this purpose there was no revision of the emoluments of
the earlier retirees under the scheme. It was clearly
stated that ... same rank irrespective of
the date of retirement, even though the reckonable
emoluments for the purpose of computation of their pension
be different.[168C
Pension Regulation stipulates rate of pension as 50% of
the average emoluments. Average emoluments have been defined in Regulation 2
(2) of these Regulations ... Pension Regulations, provides for payment of pension @ 50% of the average
emoluments. The average emoluments have been defined in Regulation 2 (2) to
mean average
whereas
the impugned notification affecting the rights of the
employees to emoluments took effect from 1st January, 1979.
The respondents contested the writ petitions ... consequently necessary
to put a ceiling on their emoluments and other amenities in
order to facilitate better functioning of the insurance
companies as well
legal representatives would be entitled to recover from the State such emoluments and other monetary benefits which the delinquent officer would have been entitled ... Judge seemed to be of the view that the recovery of such emoluments "would not follow as a matter of course by the issue
