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Ccs pension rule

(Querist) 14 October 2018 This query is : Resolved 
I have been retired compulsorily from Central Government service. Subsequently, I have been also convicted by the CBI court. The conviction order is challenged before the High Court. The trial court order is stayed. I have not been given any pension or gratuity till date. The department is saying that 'as the matter is sub judiced', no decision is taken for the payment of pension. I have not filed any case against the department before any court/tribunal. Then, how the payment of pension and gratuity is sub judiced. Please clarify and guide me for further course of action, if any from my side.

Thanking you in anticipation.
Dr J C Vashista (Expert) 15 October 2018
Issue legal notice through a local prudent lawyer practicing service matters.
Provisional pension shall be granted if you file your case in concerned Tribunal/Court, after service of notice.
Sudhir Kumar, Advocate (Expert) 15 October 2018
as seem from your earlier posts, you were compulsorily retired from service by way of disciplinary proceedings. That way you could have normally become eligible for pension on the same day (no gratuity/leave encashment/ pension commutation).


As also seen from previous posts you were facing criminal trial so there could be no vigilance clearance on the day of retirement so you were only entitled for ad-hoc pension. However you now stand convicted and given information indicates that your appeal is admitted (probably bail as well) but there is nothing from your side to indicate if the sentence is suspended.

Now this conviction puts hurdle in issue of PPO. But deptt has no jurisdiction to linger the matter indefinitely. Now they have to decide imposition of cut in pension (1% to 100%) based on their discretion and facts of the case.

sakthi (Querist) 17 October 2018
Respected learned Sudhir Kumar, the Hon'ble High Court has stayed the trial court order and thus bail granted suspending the sentence. My specific query is that in the given situation whether my pension is 'sub judiced' when no case is filed relating to pension. I hope you can better enlight me in the issue. Thanks for all the learned Experts in sparing their valuable time.
sakthi (Querist) 17 October 2018
please clarify the term 'sub judice'
KISHAN DUTT KALASKAR (Expert) 18 October 2018
Dear Sir,
Departmental Enquiry if not conducted on the charges leveled against you in criminal Court and then you are entitled for pension and terminal benefits. Without Departmental Enquiry and without taking decision thereon you are pension and terminal benefits cannot be stalled. Criminal proceedings and Conviction in a criminal case is all together different issue. You may press for payment of pension and terminal benefits without departmental enquiry, then approach CAT or High Court.


Please mark “LIKE” if satisfied by my answer.
sakthi (Querist) 18 October 2018
Respected Learned Kishan Dutt, the Departmental Enquiry has been conducted and there on I had been made retired compulsorily. The Departmental Enquiry was emanated on the written directions of the CBI ACB. I had been convicted by the trial court after six months of the order of compulsory retirement. Now, the department is not releasing any retirement benefits stating that the matter is 'sub judiced'/ quasi judicial' process and hence takes time to arrive a decision. If I move to CAT/Tribunal, whether my quantum of benefit may suffer in the given situation. Kindly clarify me. Once again I place my respectful thanks to one and all the Learned Experts in Forum.
Guest (Expert) 18 October 2018
Have you got any written refusal of your employer with specified reason, as you stated in your post? If so, can you send me copy of that communication through email?
sakthi (Querist) 21 October 2018
Respected Learned Dhingra Sir, I have filed my grievance in the Directorate of Public Grievances portal. My department has uploaded the action taken report in the portal stating that the matter is sub judiced/quasi judicial and hence it will take time to resolve the issue. The DPG has also stated that it has no jurisdiction to entertain the grievance as the matter is quasi judicial one. Please oblige.
Guest (Expert) 21 October 2018
Have you filed any case against the employer about the grant of pension?

If not, the authorities are required to know, irrespective of your case of conviction be or not sub-judiced, you are entitled to provisional pension, may or may not be your conviction case is sujudiced..
sakthi (Querist) 21 October 2018
I have not yet moved to any court/tribunal. I respectfully thanks Learned Expert Shri Dhingra for his valuable opinion. Kindly suggest some eminent Expert in CAT Chennai Bench for further course of action please.
Guest (Expert) 21 October 2018
Sorry, not aware of any good lawyer at Chennai.


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