Gau HC | Retired government servant against whom judicial proceeding is pending – entitled to provisional pension only

Gauhati High Court: The Bench of Michael Zothankhuma, J. dismissed a civil writ petition filed by a retired government employee seeking full pension, gratuity and other retirement benefits.

Petitioner, an Assistant Manager in the respondent corporation was arrested for offence under Sections 406, 408, 409, 470, 120-B, 468 and 471 of the Indian Penal Code, 1860. He was suspended from his post from the date of his arrest but reinstated later. No departmental proceeding was initiated against him. A charge sheet was filed against him and pending disposal of the criminal case, he retired. The said criminal proceedings were stayed by the trial court pursuant to a co-accused’s challenge to filing of charge sheet.

The petitioner submitted that as he had retired, he was entitled to full pension, gratuity and other retirement benefits since no departmental proceeding was initiated against him and even the criminal proceedings had been stayed by the High Court.

Respondent argued that Rule 69 of the Central Civil Services (Pension) Rules, 1972 clearly stipulates that a retired government servant is not entitled to any gratuity and would be entitled to provisional pension only, during the pendency of judicial proceedings. He also submitted that all other retirement benefits had already been paid to the petitioner.

The Court noted that petitioner had been receiving a provisional pension; and held that in view of Rule 69 of the CCS (Pension) Rules, respondents were not obligated to pay full pension and gratuity. In view thereof, the petition was dismissed.[Birendra Kumar Das v. Assam Power Generation Corpn. Ltd., 2019 SCC OnLine Gau 22, Order dated 21-01-2019]

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