Retirement benefits pending PC act case.

Querist : Anonymous (Querist) 31 October 2010 This query is : Resolved
TN Govt employee – suspended – suspension revoked - Pending PC Act case – retires. Whether the Govt will suspend on the retirement day? Whether he is eligible for retirement benefits? Any citation please.

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s.subramanian (Expert) 31 October 2010
Ordinarily the retirement will be subject to the result of the case. Retirement benefits will not be given.

R.Ramachandran (Expert) 31 October 2010
If the government wants it can suspend the official even on the last date when he is about to retire.

Murali Krishna (Expert) 31 October 2010
1. If an employee is allowed to retire from service, even if there is a major penalty charge sheet is pending against him, still he is eligible to receive provisional pension, which is just less than or equal to actual pension.

2.He is not entitled for commutation of his pension.

3.Other monetary benefits are normally allowed only after conclusion of the case.

Refer pension rules. No need of citation for this.

adv. rajeev ( rajoo ) (Expert) 31 October 2010
I do agree with Subramanian

Devajyoti Barman (Expert) 01 November 2010
The disciplinary proceeding would decide whether the expansionary benefits or to what extents the same would be disbursed. However, he is entitled to get provisionay pension/subsistence allowance anyway.

Kirti Kar Tripathi (Expert) 03 November 2010
i agree with Devajyoti. However, you may file writ seeking direction against employer to pay provisional pension and other dues.