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Supreme Court of India 2022-07-11 allowed

The State of Nagaland & Ors vs Nishevi Achumi

Bench: 2 — M. R. Shah, B.V. Nagarathna

In Brief

A widow of a deceased work-charge employee sought regularization of her husband's services to claim family pension, filed twelve years after his death. The High Court had ordered such regularization effective one day before his death. The Supreme Court reversed this, holding that the employee had no legal entitlement to regularization at the time of death, as regularization under the applicable policy was granted by seniority and vacancy, and his turn had not come. The Court quashed the High Court's orders, emphasizing that posthumous regularization cannot be granted merely to confer pension benefits when the employee was not entitled during his lifetime.

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Constitutional Law Article 16 Service Law Regularization of Services Family Pension Seniority Writ Jurisdiction

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