Sunday, October 10, 2010

RESIGNATION EQUAL TO VOLUNTARY RETIREMENT!

“Therefore, when an employee voluntarily tenders resignation it was an act by which he voluntarily gives up his job. We are therefore of the opinion that such a situation would be covered by the expression voluntary retirement,” the judgement read.
Octogenarian argues case himself
Mohamed Imranullah S.
Obtains favourable orders after 45 years of his resignation

“Consider petitioner's plea for pension within four weeks”
He applied for pension and gratuity in 2003


MADURAI: S. Sankaran, an 83-year-old former school teacher of Tirunelveli, was the cynosure of all eyes in the Madras High Court Bench here on Thursday as he succeeded in obtaining favourable orders in a petition seeking monthly pension for the service he rendered 45 years ago!


What's more, the octogenarian argued the case himself in English without the aid of any lawyer.
Disposing of the writ petition filed by him, Justice R.S. Ramanathan directed the Accountant General (Accounts and Entitlement) to consider the petitioner's plea for pension within four weeks. Otherwise, the officer would be liable to pay interest at the rate of 12 per cent from September 13, 2004, the date on which the pension proposal was received by him, till the date of payment.
According to the petitioner, he served as a weaving instructor from June 16, 1954 to August 1, 1964 in Hindu Elementary School at Karukuruchi and P.L.W.A. Higher Secondary School at Vickramasinghapuram.
He resigned the post after serving the schools for 10 years, one month and 18 days. The details were entered in his service register and there was no dispute over them. He applied for pension and gratuity in 2003. However, his plea was rejected by the Accountant General's office on January 11, 2010 on the ground that he was not eligible for pension as per the Tamil Nadu Non Government Teachers Pension Rules, 1958.
It was also pointed out that the petitioner was governed only by these rules because he had served in non-government aided institutions. Repudiating the reason given by the AG's office, the petitioner contended he was fully qualified for the benefit because he fulfilled the criterion enunciated in Rule 12(a) of the Pension Rules that a teacher should have served for a minimum of 10 years to claim pension.
He also pointed out that his resignation should be treated only as retirement in view of a judgement passed by the Supreme Court in 1990.
The apex court in J.K. Cotton Spinning and Weaving Mills's case Vs. State of Uttar Pradesh had held that the meaning of the term ‘resign' as found in the Oxford Dictionary included retirement.
“Therefore, when an employee voluntarily tenders resignation it was an act by which he voluntarily gives up his job. We are therefore of the opinion that such a situation would be covered by the expression voluntary retirement,” the judgement read.

SOURCE: THE HINDU 31.08.2010

1 comment:

Anonymous said...

BANK EMPLOYEES PENSION REGULATIONS, 1995

How to calculate the Family pension, in case of death, after opting pension by the retirees under present pension agreement of 27.04.2010

It is humbly urged to all to clarify the above query.

At present DA for pensioners the following tables are in operation.
these are as follows;

Part I. DR to pensioners who retired after 01.01.1986 but before 1.11.1992/1.7.1993
Part II. DR to pensioners who retired after 01.11.18992/1.7.1993.
Part III. DR to pensioners who retired on after 01.04.1998.
Part IV DR to pensioners who retired on or after 1.11.2002.
Part V DR to pensioners who are retired on or after 1.11.2007.

If anybody have the tables for family pension payable in above categories please apprise for the information to all.

At Present I have two Charts in this respect.
The ordinary rates of Family Pension shall be as under:-

(a) In respect of employees other than part time employees retired before 1.11.1993.
Scales of pay per month Amount of monthly Family Pension.
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Up to Rs. 1500 30 percent of the pay shall be the basic family pension plus 30percent of allowances which are counted for making contributions to provident fund but not for dearness allowance shall be the additional family pension.the aggregate of basic and additional family pension shall not be less than Rs 375/- per month .
Rs.1501 to Rs.3000 20 percent of pay shall be the basic family pension plus 20 percent os allowance …………………………….the aggregate of basic and additional family pension shall not be less than Rs.450 /- per month.
Above Rs.3000 15 percent of pay shall be the basic family pension plus 15 percent of allowance …………………………….the aggregate of basic and additional family pension shall not be less than Rs.600/- and more than Rs 1250 per month.
(b) in respect of employees retired or retiring after 1.11.1993.

upto Rs 2870 30 percent shall be the basic family pension plus 30 percent
of allowance ……………………………aggregate of basic and additional family pension shall be subject to a minimum of Rs.720 per month.
Rs .2871 to Rs 5740 20 percent shall be the basic family pension plus 20 percent of allowance …………………………..the aggregate of basic and additional family pension shall be a subject to a minimum of Rs 860 per month
Above Rs.5740 15 percent of the pay shall be the basic family pension plus 15 percent of allowance ………………….the aggregate of basic and additional family pension shall be subject to a minimum of Rs.1150 per month and a maximum of Rs 2400 per month .
----------------------------------------------------------------------------------------------------------- Kindly locate the further tables and please help to all.

Thanking to all of you.
Ashok goel
16.11.2010
ashokgoel47@gmail.com