Retirement benifits-498a
swagath
(Querist) 07 December 2011
This query is : Resolved
parents aged 58 spent 4 days in jail for judicial remand due to false 498A. in another one year he is going to retire. he is continuing in his job now. after his retirement, will he get his retirement benifits (if his name is in charge sheet, and case is running)?. please tell me whether he gets his retirement benifits or not?.is there any judgment on the same kindly reply
Raj Kumar Makkad
(Expert) 07 December 2011
The case shall have no impact over the retirement benefits.
Devajyoti Barman
(Expert) 07 December 2011
If the department has not punished him by way if its departmental enquiry, he is not going to loose any of his retiral benefits.
Guest
(Expert) 07 December 2011
If he has not yet been suspended, or would not get any charge sheet from his department before his retirement, he would get all the retirement benefits. If he has been suspended and is likely to get charge sheet from department, but is retired on due date, he would be able to draw provisional pension, but gratuity will be held in abeyance till the charge sheet case is finalised. The charge sheet case, if any, depends upon the judgment of the court in 498a case. If he gets any punishment from the court during his service period, he would definitely be dismissed from service and would lose all retirement benefits.
SO, if he has not yet been suspended, MY ADVICE is that he should take a voluntary retirement by giving a three months' notice for voluntary retirement to his department, so that he may not lose his retirement benefits due to some subsequent action likely to be taken by his department during the remaining period of his service. Even if he has been suspended, it would be better for him to submit a voluntary retirement notice to his department. DON'T TAKE MUCH RISK IN WAIT OF ACTUAL RETIREMENT DATE.
prabhakar singh
(Expert) 07 December 2011
I agree with Mr.Barman's economically explained expressions.
Shonee Kapoor
(Expert) 07 December 2011
Agree to Ld. Dhingra Sir and Ld. Mr. Barman.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
swagath
(Querist) 07 December 2011
thanks every body for the reply but he was suspended and it was challenged in the KIT court and the court revoked the suspension and ordered to consider the judicial custody as absent and said to give further benefits but the department has not initiated the proceedings for the settlement they say that the matter should be settled (498A. so if there is any such judgment kindly mention or mail it pls.
Guest
(Expert) 07 December 2011
I think, I have already given sufficient information on the matter. Now, if your father can seek voluntary retirement that would be benficial, as there would be no loss in retirement gratuity, he having put the maximum eligibility service of 35 years for maximum pension purposes. Even if the service is less than 35 years, he will get benefit of 5 years of service to add in his service to get the benefit of maximum service for retirement benefits.
Please note, the department can initiate disciplinary action any time during his service in view of involvement in 498a case.
swagath
(Querist) 08 December 2011
Dhingra Sir, department has iniated action but KAT Karnataka administartive tribunal has said that the suspension cannot be done and the case doesnot fall under the karnatka rule for suspension and said that "All the subsequent benefits from here should be given"
is there any judgment from any high court
Guest
(Expert) 08 December 2011
In which department your father is serving? Also whether that is a State or Central Government department?
swagath
(Querist) 08 December 2011
Karnatka state
Education department
swagath
(Querist) 08 December 2011
i have read in a blog article that the 498A case is a family matter and should not affect the service of any govt person a decision given by supreme court of India. is there any judgment like that kindly reply
Guest
(Expert) 08 December 2011
You may need to consult Karnatak State Employees Conduct Rules in which you can find dowry cases as a misconduct on the part of a Government employee. Blogs do not contain real picture of Rules and Regulations of the Government and contain merely the views of the contributors. So, better take adequate precautions instead of working on guess basis.
