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Thursday, November 28, 2024

NEWS TODAY 28.11.2024

Wait finally over! Retd official to get pension after 12 yrs

TIMES NEWS NETWORK 28.11.2024

Bengaluru : “Ours being a constitutionally ordained welfare state, the govt should conduct itself as a model employer,” the high court observed recently while coming to the rescue of a 73-yearold retired civil servant fighting for unpaid salary and pension arrears.

“It pains us that this is not the first case where a pensioner was put to untold hardship and cruelty at the hands of the govt, which extracted his sweat, if not blood, for more than 33 years of service. All this cannot go scathefree,” a division bench comprising Justices Krishna S Dixit and CM Joshi observed in its order while allowing the petition filed by one Sadashivappa of Bengaluru. The authorities have now been directed to sanction and release regular pension and all terminal benefits to the petitioner within two months, with interest at the rate of 1% per month from the day the sum was withheld. “The rate of interest should stand altered to 2% in the place of 1% per mensem with retrospective effect if the delay exceeds two months.

Further, the respondents should pay a cost of Rs 50,000 to the petitioner,” the bench added. Sadashivappa, a Karnataka Municipal Administration Service officer, retired from service in Feb 2012. However, citing a pending inquiry into certain allegations against him, his retirement benefits were withheld despite him submitting several representations. He approached the Karnataka State Administrative Tribunal, which, however, on Feb 6, 2024, rejected his petition. He moved the high court.

His main contention was that the pension payable to a retired employee is his right, constitutionally guaranteed under Articles 21 and 300-A of the Constitution. On the other hand, the govt advocate submitted that upon certain audit objections, the auditor general had directed the recovery of Rs 3.1 lakh from Sadashivappa, and the same is permissible under Karnataka Civil Service Rules (KCSR).

The bench noted that the payment of retirement benefits of nearly Rs 9.5 lakh was withheld from the petitioner. “We repeatedly asked the govt advocate about the particulars of ‘pending inquiry’ and no material was produced before us to show that any disciplinary inquiry of the kind was ever instituted against him,” it said.

Offends petitioner’s fundamental right to life

“The fact remains that till date, no inquiry has been instituted against the petitioner, who demitted his office on Feb 29, 2012, on attaining the age of superannuation. Now he is in the evening of his life. No inquiry can now be instituted for the alleged lapses because of the fouryear limitation enacted in the provisions of Rule 214(2)(b)(ii) of KCSR. Since a retired employee holds his body and soul together with the periodic pension regularly paid, withholding the same at times amounts to suspending the means of livelihood and therefore, offends the Fundamental Right to life constitutionally assured under Article 21 in the light of the Supreme Court’s decision in the Olga Tellis case,” the high court bench further noted in its recent order.

Exam fraud: 2k male students registered as females in Agra

Agra : 28.11.2024

In a major scam uncovered in the ongoing semester exams at Dr Bhimrao Ambedkar University in Agra, around 2,000 male students were found fraudulently registered as female students to take exams at three private colleges affiliated with the university, reports Deepak Lavania. University examination controller Om Parkash said the anomalies were spotted at Major Angad Singh Mahavidyalaya, SBD College of Science and Education in Mainpuri, and Gulkandi Lalaram Mahavidyalaya in Mathura. These colleges were designated as ‘self-centres’ — the university allows colleges having more girl students to have self-centres for exams where the colleges can have their own staff members as invigilators. The irregularity came to light on Tuesday when significant variations in student numbers were noticed across the first, second, and third shifts.

Court: Withholding pension is cruelty at hands of govt

TIMES NEWS NETWORK 28.11.2024

Bengaluru : Terming the withholding of salary dues and pension benefits over a pending departmental inquiry ‘cruelty at the hands of the govt,’ Karnataka high court has ordered the release of arrears to a 73-year old retired municipal administration officer within two months. Sadashivappa, from Bengaluru, retired in Feb 2012, but his pension and salary arrears were withheld while awaiting the report of an inquiry into certain allegations against him. After exhausting his options, he approached Karnataka State Administrative Tribunal, which rejected his petition on Feb 6, 2024. He moved HC.

A division bench of Jus tices Krishna S Dixit and C M Joshi ordered the govt to pay Sadashivappa ₹9.5 lakh in dues, with 1% interest from the day the amount was withheld. “The rate of interest should be increased to 2% per month, instead of 1%, with retrospective effect if the delay exceeds two months. Further, the respondents should pay a cost of ₹50,000 to the petitioner,” the bench added. The govt advocate submitted that, following certain audit objections, auditor general had directed the recovery of ₹3.1 lakh from Sadashivappa, which is permissible under Karnataka Civil Service Rules (KCSR).

Wednesday, November 27, 2024

How can flyover less than 10 yrs old tumble down, must probe ‘scam’: HC

New Delhi : 27.11.2024

Terming it a “scam”, Delhi High Court on Tuesday called for a CBI probe into the state of a flyover that is “tumbling” due to authorities cutting corners. A bench of Chief Justice Manmohan and Justice Tushar Rao Gedela pointed out that despite the structure near Nathu Colony area developing cracks in 2018, no internal inquiry had taken place.

“Who are the people involved in this scam? How can you have such a weak structure? This is not even 10 years old. Can a flyover for which you would have spent crores come tumbling down? All flyovers constructed in the 1980s are still functional today. And your construction in 2015 is in shambles. It doesn’t take a magician to understand why it is tumbling; you have to conduct an investigation,” the court told the counsel for Delhi govt.

Lamenting that no one was “bothered” that a report on the flyover by a consultant hired by govt was expected in 2021 but is still awaited, HC said it was “clear” someone was “trying to push corruption under the carpet”. Stressing that CBI would find out the persons who gave clearances, including the completion certificate for the structure, the court said the issue was that the authorities were “not doing some internal soul searching”.