Regarding of central govt. pension & gratuity
pradip acharya
(Querist) 10 August 2015
This query is : Resolved
Sir,I have been arrested for my personal property dispute on 27/11/2012 and got bail
on 22/02/2013.I was suspended on 27/11/2012
and revoked on 05/04/2013.No memo or any diciplinery action was initiated by office
my annual increment from 2013-2015 is withhold and several representations were submitted.I have Retired on 31/07/2015 till date I have not received my pension order or the gratuity, G.P.F What shall be done in this situation.
Thanking You
Kumar Doab
(Expert) 10 August 2015
You have posted that:
"Sir,I have been arrested for my personal property dispute on 27/11/2012 and got bail
on 22/02/2013.I was suspended on 27/11/2012
and revoked on 05/04/2013.No memo or any diciplinery action was initiated by office
my annual increment from 2013-2015 is withhold and several representations were submitted.I have Retired on 31/07/2015 till date I have not received my pension order or the gratuity, G.P.F What shall be done in this situation."
The suspension was revoked.You have submitted several representations.
The bone of contention seems to be annual increment.
It shall be appropriate to show all relevant documents on record to an able Labor Law Consultant/Service Matters Lawyer/Law Firm and proceed further under expert guidance of your counsel.
Apparently from limited understanding of information posted by you,...............you seem to have a good case.
It is an accepted position that gratuity and pension are not the bounties............................grant of pension does not depend upon any one's discretion. It is only for the purpose of quantifying the amount having regard to service and other allied maters that it may be necessary for the authority to pass an order to that effect but the right to receive pension flows to the officer not because of any such order but by virtue of the rules.....................t is thus hard earned benefit which accrues to an employee and is in the nature of "property"......................Right to receive pension was recognized as right to property.
Now you should have the support of a seasoned counsel.
In the meantime you may go thru:
http://www.lawyersclubindia.com/forum/details.asp?mod_id=90740&offset=2#.VchgbbV-jMo
http://www.lawyersclubindia.com/experts/Service-matters-urgent-advice-needed-535966.asp#.VUjXoPB-hkg
Guest
(Expert) 10 August 2015
Increments cannot be withheld if no punishment has been awarded after completion of formality of charge sheeting and taking decision on your defence statement.
Even if any disciplinary case is considered to have been in progrss with the charge sheet likely to be served, you were entitled to provisional pension, the amount of which is normally the same as of regular pension. Of course, gratuity can be withheld till finalisation of the disciplinary case with the office and also the criminal case in the court of law.
You may better personally meet the pension sanctioning authority to release your pension.
Rajendra K Goyal
(Expert) 10 August 2015
Well advised, agree with the expert PS Dhingra ji.
Kumar Doab
(Expert) 10 August 2015
LCI Experts Mr. P.S.Dhingra has posted extensively on such topics.
If you wish you may get in touch with him.
Sudhir Kumar, Advocate
(Expert) 11 August 2015
Needless to say that you belong to a very small deptt where a novice clerk/SO may be ruling the roost the Sr officials (probably non-administrative) not listening against him. PZ CORRECT ME IF I AM WRONG.
Agreeing with each word or Mr Dhingra, I will add that GPF just cannot be withheld under any circumstances and even court is not empowered to attach the same.
If the period of suspension is not regularised either as duty/leave, (which is just 39 days) deptt may be temporarily treating as non-qualifying service and this give no justification to withhold increments for entire part of service. Even treating the suspension period as non-qualifying cannot be strictly tenable because it is neither EOL nor dies -non.
If you have already represented then consult any lawyer in your place on the feasibility of moving to CAT. Sooner you do better it is. Such like deptts know no other language.
