Pension can’t be withheld due to pending criminal case: CAT

Pension can’t be withheld due to pending criminal case: CAT

New Delhi, Jun 7 (PTI) Pension and increments of a public servant cannot be withheld only on the basis a pending criminal case against him unless he is convicted, the apex administrative tribunal has held.

"It is amply clear that only on the basis of the case pending against the applicant (Primary School Head Master Lakhi Ram), pension cannot be withheld under Central Civil Services (CCS Pension) Rules, 1972," a two-member bench of Central Administrative Tribunal headed by Justice Meera Chhibber said.

The bench also favoured releasing gratuity during the pendency of criminal case but with an earlier judgement of the CAT ruling against it, the bench referred the question on the gratuity issue to a larger bench.

"Gratuity cannot be withheld under rules of CCS Pension Rules. Otherwise also as per the provision (of) Payment of Gratuity Act, 1972, gratuity cannot be withheld," it said.

"Since we have taken a different view about release of gratuity during the pendency of criminal case than what had been held by the coordinate bench in another case in 2009, the matter may be placed before the chairman on administrative side for constitution of a larger bench to determine the clear position of law on the subject," the bench said.

The judgement came on a petition filed by Lakhi Ram, a Municipal Corporation of Delhi-run primary school headmaster, who retired in August 2007.
He had been suspended on August 13, 2001 after his arrest in criminal case relating to a property dispute.
Though he was reinstated in May 2005 and retired in 2007, his annual increments were stopped from 2001 and were not restored even after his reinstatement in service.

The court directed Education Department of Municipal Corporation of Delhi to grant increments to him from the date of his reinstatement to his superannuation and to fix his pay as per the sixth pay revision and determine his provisional pension.

 

Source: Yahoo News

June 13, 2011  Tags: , ,   Posted in: Pension ďťż

3 Responses

  1. Dr K K Arora - July 30, 2011

    Medical Council of India is a unique organisation. It being an autonomous body under an act of Parliament with Health Ministry being the administrative Ministry, all Rules and Regulations are approved by the Ministry before notification. Some vested interests in MCI , even though Regulations & Standing Orders provide for, yet they claim MCI to be non-govt body when it comes to defying the Govt. orders on issues like obtaining ACC approval for appointments / obtaining vigilance clearance etc. At the same time those vested interests use National Emblem in golden hue on visiting cards, and use the words “Govt. of India” before MCI in Form-16 issued to employees. Stubbornly, when it comes to give me post retiral dues (I retired on 31.8.2010) including PF (though my own money), Pension, gratuity etc have not been paid to me till date and have been withheld without any reason/communication to me/even after approval by the Board of Governors on my representation dated 13.4.2011. Through this column, I request the right meaning persons to help me and/or write to MCI and/or enlighten me on the course of action against the defaulters in MCI- both administrative and criminal, if any. Shall be grateful. Dr K K Arora-Ex-MCI dated 29th July, 2011 (M) 9811621934

  2. Dr K K Arora - July 30, 2011

    Can any one enlighten me whether there is any Rule/Govt order for placing a person in higher scale of pay immediately on completion of five years service. There is one officer in MCI appointed on deputaion for one year, but was regularised within 10 months of deputation period- without any DPC, without attaching Probation period. That means he is confirmed in service right from his entry on deputation. More over, he is given next higher pay scale of Joint Secretary immediately on completion of 5 years that also a decision taken almost after 6 years of his service, because such decision makers were out of MCI when he completed 5 years. First of all is there any Ruling/Govt order on this issue? Secondly, if this is illegal who is competent authority to take action against the person who misled the decision makers and/or what more can be done against defaulters. Here all Govt orders/Rules are enforced to be applicable but not for taking ACC approval/Vigilance clearance etc. Incidentally it is the same officer who writes defying letters to the Ministry, but for his own enhancement in scale he follows Govt Rules. What action administrative/criminal can be instituted against such person who uses Govt instructions/Rules for his benefits only. Can he be reverted and recoveries be efected from his salary? Dr K K Arora Ex-MCI (M) 9811621934 dated 29/07/2011 I may be contacted at kkarora_2002@rediffmail.com

  3. Asha Sharma - July 19, 2012

    Dear sir,

    I want to know that how many service/time can be extended/given to a retired person after his superannuation retirement to work on same seat.

    Eligibility under rules please be furnished to me

    please quote the rule of extension in service period

    If a institute is run under Ministry of Defence

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