they opt for
voluntary retirement, then, petitioners may not entitle for
pensionary benefits. Therefore, there is no other
option/alternate left for the petitioners except ... have also considered the factual
aspect in respect to claim of pensionary benefits by the
petitioners.
16. Learned Government Pleader Mr. Sunit Shah with
learned
1977, for the purpose of fixing his pension and other pensionary
benefits, was rejected by the 3rd respondent, stating that, Aided College
teachers ... service, along with their
service in Private Aided Colleges, for all pensionary benefits, applying
the conditions for grant of these benefits applicable to Government
Servants
Basavana Goud
JUDGMENT
R.P. Sethi, C.J.
1. Denial of pensionary benefits under the Regulations framed by the appellant-Banks in the year ... aforesaid date they were not eligible for pension. The denial of pensionary benefits forced the concerned retired employees to make representations and thereafter file
followed by
regularization on the same post without any interruption towards
pensionary benefits, however, vide memorandum dated 1.6.2015,
petitioner was informed that ... Government contractual service followed by the regularization
cannot be considered for pensionary benefits. The petitioner now
stands retired from the post
cannot be used
to deprive him of the benefits of pension, retiral benefits and such other
benefits to which he is legally entitled ... monetary benefits for the
temporary period. It was only when they retired and started demanding
retiral benefits inclusive of pensionary benefits, that they were informed
view of your cashiering from service, the grant of pensionary benefits to you is at the discretion of the President under the provision of Regulation ... pension or other service benefits of the petitioners. Therefore they are also entitled to these benefits."
The Court directed benefits of entire pension, gratuity
required to be taken into account for computing the
pensionary benefits?
(3) Whether the appointment of the petitioner to the Executive Grade by means ... should be taken into account for the purpose of computing the pensionary benefits? To consider this question, it is useful to refer to Regulations
change the conditions of service unilaterally. Terminal benefits as well as pensionary benefits constitute conditions of service. The employer has the undoubted power to revise ... terminal benefits/pensionary benefits. The power to specify a date from which the revision of pay scales or terminal benefits/pensionary benefits, as the case
respondents and their men, agents and subordinates to
implement the pensionary benefits as specified in the
SBSTC Employees Pension Regulation, 2002 in favour ... were not at par with the State Government Regulations pertaining to
pensionary benefits. The decision of SBSTC not to implement the 2002
Regulations was challenged
that date, their services have been calculated for the
purpose of pensionary benefits. Their grievance appears to be in spite of
the amendment having been ... Instructors had not been taken into account for the
purpose of pensionary benefits.
4. The learned counsel for the petitioners would submit that the
issue
