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september 2000

Supreme Court of India · 2000-09-13

State Of Orissa And Anr. vs Prativa Ghosh And Anr.

Citation / case number
AIRONLINE 2000 SC 223
Court
Supreme Court of India
Petitioner
State Of Orissa And Anr.
Respondent
Prativa Ghosh And Anr.
Author
U.C. Banerjee
Bench
U.C. Banerjee

Judgment text excerpt

The Supreme Court held that the Orissa Administrative Tribunal's order granting arrear pension to the wife of a deceased Head Master was not in accordance with law, as the husband had opted for the contributory provident fund scheme and had already received his retiral benefits before the notification allowing a switch to family pension was issued. The Court set aside the direction for arrear pension but upheld the Tribunal's grant of family pension to the wife, clarifying that it would be effective only from February 24, 1997. The decision emphasizes the importance of exercising options within the stipulated time frame under applicable pension regulations.

State Of Orissa And Anr. vs Prativa Ghosh And Anr. · Niyam