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Supreme Court of India 2019-06-11 dismissed

State of Bihar & Ors vs Meera Tiwary & Anr

Bench: 2 — Indira Banerjee

In Brief

A widow of a deceased Assistant Engineer sought post-retiral benefits for her late husband based on his promoted post. The State argued that since he allegedly never joined the promoted post and remained absent for over 13 years, benefits should be calculated on his substantive post as Junior Engineer. The Supreme Court held that absent any disciplinary proceedings or show cause notice, authorities cannot deny benefits based on mere allegations of absence. The High Court's direction to compute family pension using the notional salary of the promoted post as of retirement did not modify the earlier order but merely enforced it effectively. Appeal dismissed."

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Civil Procedure Contempt of Court Service Law Pension and Gratuity Public Employment High Court's Enforcement Powers

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