krishnakishore 14 June 2016

Railway employee pension hold- favorable judgment to release the payment

Dear Sir / Madam, My dad is an Railway Employee query is as follows :

1. My Dad's Pension & Retirement benefits were stopped by Railway Authority Sr. DSTE, DPO, Sr. DPO intentionally giving the last movement notice that to produce caste certificate.

2. We approached District Civil court, stating that we have already submitted said caste certificate twice in last 10 years. Court has given favorable judgement to us stating the Railway board to release the benefits with in two months.

3. Two months passed dead line given by court crossed, still benifits, pension were not paid. If we put up the contempt of court what are the consequences we have to face and opposite side.

Please advise.

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10 Replies

Kumar Doab (FIN) 14 June 2016

What is the opinion of your own counsel?

You shall need to establish that there is Contempt of Court and OP's shall press that there is No contempt of court.

Finally the court shall decide.

Sudhir Kumar, Advocate (Advocate) 16 June 2016

You have basically gone to wrong court. CAT has power to entertain petition for own contempt. Merely if deptt has sought cast certificate that is no ground to stop pension. If a proper charge sheet is pending on retirement day only then terminal benefits can be stopped.

Sudhir Kumar, Advocate (Advocate) 16 June 2016

You are silent if charge sheet was pending on retirement

Sudhir Kumar, Advocate (Advocate) 16 June 2016

You are silent if charge sheet was pending on retirement

Kumar Doab (FIN) 16 June 2016

You may revert to the points raised by Mr.Sudhir Kumar.

krishnakishore 21 June 2016

Dear Sir,

1. Apologies for replying late. Yes we went to CAT opposite to Hyd Assembly line. CAT has given the judgement to pay the pension on or before 29.06.2016. 50% pension is paying on monthly basis but other befinits like PF, leave encashment, gratutity, railway passes and others kept on hold.

2. Further filed in CAVEAT by attaching court order. which is valid for 90 days later what will be consequences we have to face....?

3. As per court order 29.06.2016 is deadline to settle the benifits in favor to us, but their intensions of railway dept is not to settle, can we file petiation regarding contempt of court order.....? If so will court will issue arrest warrent to Sr.Dste, DPO and DRM or what are the other ways that court can settle this matter.

krishnakishore 21 June 2016

No charge sheet is pending, all the relevant documents were submitted before 7 years of retirement date.

31.10.2014 is the retirement date and on the same day at 1400 hrs Sr. DSTE issued a letter stating that you have not submitted your caste certificate basis on this letter retirement benifits were kept on hold and releasing 50% pension only.

Sudhir Kumar, Advocate (Advocate) 21 June 2016

As per available facts action of deptt is not sustainable

Kumar Doab (FIN) 24 June 2016

Engage a very able counsel specializing in service matters with all docs on record and proceed further under expert advise of your counsel.

Sudhir Kumar, Advocate (Advocate) 28 June 2016

Originally posted by : krishnakishore
	Dear Sir, 1. Apologies for replying late. Yes we went to CAT opposite to Hyd Assembly line. CAT has given the judgement to pay the pension on or before 29.06.2016. 50% pension is paying on monthly basis but other befinits like PF, leave encashment, gratutity, railway passes and others kept on hold. 2. Further filed in CAVEAT by attaching court order. which is valid for 90 days later what will be consequences we have to face....? 3. As per court order 29.06.2016 is deadline to settle the benifits in favor to us, but their intensions of railway dept is not to settle, can we file petiation regarding contempt of court order.....? If so will court will issue arrest warrent to Sr.Dste, DPO and DRM or what are the other ways that court can settle this matter.