application of mind in imposing the penalty of compulsory
retirement. On this ground, compulsory retirement penalty is to be set
aside.
6) Learned counsel ... highly
impracticable to implement the order of compulsory retirement
against retired employee. If the compulsory retirement dated
30.3.2011 is to be upheld then the authorities
appeal against order of compulsory retirement, thirdly, of the writ petition qua challenge to the order of compulsory retirement being hit by delay and lachess ... petitioner of his disentitlement to the benefit of retirement gratuity due to penalty of
4
compulsory retirement having been imposed vide order Annexure-C dated
appeal against order
of compulsory retirement, thirdly, of the writ petition qua
challenge to the order of compulsory retirement being hit
by delay and lachess ... petitioner of his disentitlement
to the benefit of retirement gratuity due to penalty of
4
compulsory retirement having been imposed vide order
Annexure-C dated
been pleased to modify the order of
compulsory retirement by giving full benefit of pension and gratuity as per
rule 40 of CCS (Pension) Rule ... earlier. Therefore, the disciplinary authority awarded the penalty
of compulsory retirement with 80% pension and gratuity as admissible to
him. However, considering his obligations towards
Disciplinary Authority (DA)
imposed the penalty of compulsory retirement and allowed
only 2/3rd of pension and gratuity. The statutory appeal
submitted by the applicant ... 1352/2014
(v) The reduction in pension and gratuity along
with the punishment of compulsory retirement
amounted to double jeopardy
with immediate effect:
"Compulsory Retirement" with superannuation benefits i.e.,
Pension and/or Provident Fund and Gratuity as would be due
otherwise under ... proceedings and awarded
punishment of compulsory retirement with superannuation benefit. They
may have been paid contributory provident fund and gratuity, but were not
eligible
Court that the Bank will re-consider the compulsory retirement.
He states that his compulsory retirement is mala fide. He would rely upon
the judgment ... Provident Fund, Gratuity, Pension and
Family Pension by PPG Department, Corporate Centre, Mumbai on June 30,
2002. The compulsory retirement can be awarded
Bank. Whenever compulsory retirement is
effected by way of penalty which is imposed after holding a regular
enquiry, then the compulsory retirement leads to termination ... whether this retirement would mean retirement on attaining the age of
superannuation or retirement caused by other modes as well, including
compulsory retirement. It cannot
compulsory retirement
is one of the major penalties.
Regulation 46 of the said Regulations, 1976 is with regard to
payment of gratuity which is reproduced ... does not provide as in case of
regulation of gratuity that in case of compulsory retirement/termination by
way of punishment, the leave encashment
order of compulsory retirement/ retirement of the respondents/writ petitioners was passed. The respondents challenged the order of compulsory retirement by preferring an appeal before ... Rules of 2006) and paid outstanding dues towards gratuity and leave encashment. The orders for retirement/compulsory retirement have been passed by the Board
