Removal from retrospective date - pension eligiblity
S Raghuvanshi
(Querist) 10 March 2013
This query is : Resolved
My father at the time of appointment in Himachal PWD as Beldar in the year Aug 1989, has submitted self certificate (affidavit) & Med certificate for date of birth (DOB as 1947)after completion of temp service. Later, on the basis a complain he was charge sheeted for difference in date of birth of 10 years when compared to Panchayt records. These panchayats and records, in fact, came into existence in 1971 in HP. Records says date of birth as year 1937. Later Inquiry started in 2004 and there was no suspension. Lastly the charges found true by the inquiry officer. Officials issued a order on 02 Feb 2006 as "You attained the age of superannuation on 30-06-1997 is hereby retired from Govt service retrospective effect i.e. 30-06-1997". Accordingly total service 1989 to 2006 (Appx 16 years) reduced to 1989 to 1997 (Appx 8 years) making ineligible for pension (pensionable service 10 years). Also later Leave encashment, DCRG was paid which was applicable as on 30-06-1997. No recovery was made from salary. My question/query from the kind experts is that 1. whether my father is eligible for any pension from 2006. 2. Whether he is eligible for Leave encashement and DCRG upto 2006?
Guest
(Expert) 10 March 2013
Any service rendered by employee intentionally or unintentionally beyond date of superannuation due to mistake of anyone does not count as qualifying service for retirement benefits.
S Raghuvanshi
(Querist) 10 March 2013
Thanking you Sir, for your prompt reply. So there is no hope of any pension.
Guest
(Expert) 10 March 2013
You are welcome. Had your father been able to prove his date of birth as per the affidavit or medical certificate even by submitting appeal to his appellate authority, he could have crossed the target age of 10 years to become eligible for pension and other benefits. Now it is abnormally late.
Raj Kumar Makkad
(Expert) 15 March 2013
I fully endorse the wiseful and legal advice of learned Dhingra g.
Sudhir Kumar, Advocate
(Expert) 17 March 2013
In any case he is entitled to pension and other benefit as it is seen from your description that he is retired and not dismissed.
Sudhir Kumar, Advocate
(Expert) 17 March 2013
Further study of full documents can reveal how successfully he can challenge this decision
Guest
(Expert) 17 March 2013
@ Sudhir Kumar,
Evidently in charge sheet case, the employee could not prove his revised date of birth of 1947 (previously 1937). His service beyond the age of superannuation as on 30-06-1997 has not been recognised by the authorities. Further, he has already lost time of more than 6 years to file any appeal or revision after issue of order on 02 Feb 2006. Would he have been eligible for pension with less than 10 years of his qualifying service from Aug 1989 to June 1997?
Sudhir Kumar, Advocate
(Expert) 17 March 2013
Agree with Mr Dhingra. But as seen from his query the employee has merely been retired (not dismissed). So he can move for pension.
Guest
(Expert) 17 March 2013
The issue of retirement on superannuation or compulsory retirement can only be checked from the oders of the diciplinary authority on the charge sheet of the employee.
