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Sandeep (SE)     01 April 2014

Getting retirement benefits


 

 

One of my relative worked in the Government sector in Andhra Pradesh. After getting the promotion only he will get pension. Currently promotions were happened based on the seniority and who passed department exam. One and half year back all the districts of AP got promotions except one district. That district people filed a case in the high court stating that “Promotions need to give based on the seniority only as earlier also got promotions based on this criteria”. High Court given the judgment “promotions should be given based on the seniority and who passed department exam”. After that they again filed case in the tribunal court, But in the tribunal court Judgment is Reserved. During this time my relative retired and he didn’t get the promotion and pension.

My relative retired last month. My question is once the judgment is released from tribunal court if he files a case in the court can be eligible to get the retirement/Pension benefits?

 



 4 Replies

Kumar Doab (FIN)     01 April 2014

This is with limited understanding of the matter from the brief you have posted.

You have posted that;

High Court given the judgment “promotions should be given based on the seniority and who passed department exam”. 

 

How can the employees that have already retired be allowed to take the dept. exams, now?

 

It shall be certainly appropriate to approach the lawyer(s) that has counseled you in case decided by HC and in Tribunal with all papers.

 

 

Sandeep (SE)     02 April 2014

 

To get the promotions, department has been considered both Seniority as well as who passed the department exam. My relative passed the department exam before finalizing the promotion list and he is eligible for promotion. My relative retired last month. Currently In the tribunal court judgment is reserved. My question is once the judgment is released from tribunal court if he files a case in the court can be eligible to get the retirement/Pension benefits?

Kumar Doab (FIN)     02 April 2014

As per extract of the HC order posted by you there should be some hope.

It seems the Dept. of the Govt., only delayed.

You may go for considered opinion of a lawyer that has examined all documents, rules, judgments, precedence in such matters, and proceed further after the merits have been examined. 

Sudhir Kumar, Advocate (Advocate)     03 April 2014

Mr Sandeep Please understand that you do not know the facts.

 

It is impossible to believe that pension can be linked to promotion unless there are some more facts which you either do not know or do not want to share

 

It also difficult to appreciate why the case was and what was the outcome.  You do not know what were RR of the post, what pension rules apply and what was the court case.

 

You also do not know whether this e3xam was qualifying or competitive.  It appears it was qualifying and your relative failed to qualify within service.  Now he has missed the bus.


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