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nagarajan R (cashier)     16 November 2017

Pension as fundamental right

whether it is true that pension is compulsory like gratuity.employer cant withheld pension if employee worked more than 10 years. so even if employee is convicted,pension also must be paid like gratuity.can anyone clarify and send me the case law and other details etc for help to many employees



Learning

 16 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     18 November 2017

@ Nagarajan

There will be no pension for those Government employees who join service after 2004. Pension is a commitment by the employer to the employee at the time of the employee joining service or on a later date. The entitlement of pension would be based on the terms of that commitment.

@ Anna Marsh

Please start a new post. Do not mix up.


(Guest)

! Mr. Nagarajan,

If not dismissed, from which department you have retired by rendering service of how many years?

nagarajan R (cashier)     18 November 2017

Joined 1981 n dismissed 2001 from SBI.one recent judgement is pension is right n paid if service is more than 10 years n even dismissed employee confirm me

(Guest)
Originally posted by : nagarajan
Joined 1981 n dismissed 2001 from SBI.one recent judgement is pension is right n paid if service is more than 10 years n even dismissed employee confirm me

 

Of course, pension is a fundamental right, but on the basis of qualifying service as on the date of retirement, not on dismissal as a matter of punishment.

But question arises, how you could remember about pension long after expiry of 16 years of your dismissal?

 

 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     19 November 2017

Do not use the word 'fundamental right' loosely. It has specific connotation in the Constitution. Pension is a right under the service benefits in accordance with any contract, specific or general between the employer and the employee. Such rights can be denied by the employer if there is a provision in the service contract.

2 Like

nagarajan R (cashier)     30 November 2017

How many of us know that gratuity is compulsory n cannot withheld by any employer n court n must be paid even to dismissed employee.like wise pension is along made compulsory some 6 months back.any lawyer knows about it? It must be paid to dismissed employee also

(Guest)
Originally posted by : nagarajan
How many of us know that gratuity is compulsory n cannot withheld by any employer n court n must be paid even to dismissed employee.like wise pension is along made compulsory some 6 months back.any lawyer knows about it?
It must be paid to dismissed employee also

 

@ Mr. Nagarajan,

VERY VAGUE QUESTION.

If you know that gratuity must be paid even to the dismissed employee, you could better have come forward with the relevant ruling or court judgment, instead of asquing how many of us don't know?

nagarajan R (cashier)     01 December 2017

Pls read gratuity act n it is incorporated

(Guest)

Your own response makes clear that you are the very first person that you are a totally ignorant person, as you failed to quote the specific section of the payment of gratuity Act.

A question of commonsense for you is that you authored the silly question and when asked to prove your stance, but non-sensically you have told me to read the whole of the Act, instead of quoting the relevant section and that if you know that the gratuity can be paid even to a dismissed employee, why you failed to quote the relevant section of the court judgment?

 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     01 December 2017

Let us also be benefitted by the debate of learned members here. Kindly enlighten us regarding laws and judgments on the right to gratuity and pension.

nagarajan R (cashier)     01 December 2017

Chattisgarh high court WA 56 /2017

(Guest)
Originally posted by : nagarajan
Chattisgarh high court WA 56 /2017

 

@ Mr. Nagarajan,

A VERY BAD JOKE, TIME WASTING RIDDLE WITH SHEER MISCONCEPTION ON THE PART OF Mr. Nagarajan!

In your above referred court judgment, can you indicate, in which apragraph the order of the HC is included that stated that the gratuity "MUST BE PAID even to DISMISSED EMPLOYEE.like wise pension" as you claimed in your earlier post?



 

Sudhir Kumar, Advocate (Advocate)     31 December 2017

ANy way.

 

Let Mr Nagarajan know that the gratuity of gove employee is goverened by CCS(Pension)Rules in centre and identical complilation instates which are statutory rules framed under power vested vide provisio to Article 309 of the constitution.

 

These rules provide zero pensionand gratuity to dismissed empoloyee.

 

Even if the pension is stretched as extentiton of right to life unser article 21 still it is clear that fundamental rights can be curbed as per "procedure established by law". One is dismissed from service after following procedure established by law.

Sudhir Kumar, Advocate (Advocate)     31 December 2017

Originally posted by : JIGYASU: Legal Analyst



Originally posted by : nagarajan



Chattisgarh high court WA 56 /2017





 

@ Mr. Nagarajan,

A VERY BAD JOKE, TIME WASTING RIDDLE WITH SHEER MISCONCEPTION ON THE PART OF Mr. Nagarajan!

In your above referred court judgment, can you indicate, in which apragraph the order of the HC is included that stated that the gratuity "MUST BE PAID even to DISMISSED EMPLOYEE.like wise pension" as you claimed in your earlier post?



 

 

Yes

 

tried seraching in website of high court

 

no results.


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