Payment of pension to a permanent staff
Dr. T.K. Jacob
(Querist) 08 June 2017
This query is : Resolved
Sir,
Ours is an Institute coming under the Indian Council of Agricultural Research (autonomous under Ministry of Agriculture, Govt. of India). One of our permanent staff was suspended from service based on a criminal case charged by the Forest Department, of Kerala for poaching and killing a protected wild life. He was in custody for more than 48 hours and the Court granted him bail. He was under suspension from the service based on the case filed by the Forest Department for 3 months. After 3 months he was taken back in to service with a transfer to a regional station of the Institute. The case is still pending in the Court and has not posted for hearing so far. He will be retiring from service within 6 months. The doubt is that whether he is eligible for full pension pending the case against him in the legal Court or his pension needs to be paid at a reduced rate till the Court pronounce the judgment? Kindly clarify.
Guest
(Expert) 08 June 2017
He will be entitled to provisional pension equivalent of full pension, as permissible to him in normal course of his superannuation. No reduction in pension is permissible merely on account of any court case. Pension cannot be reduced unless held guilty for any of his grave misconduct through the departmental inquiry after observing due process of disciplinary proceedings.
Sudhir Kumar, Advocate
(Expert) 09 June 2017
agreeing with Mr Dhingra I will add that in addition to provisional pension the Gp Insurance and PF will be fully payable and leave encasement, gratuity will be paid if exonerated.
Dr J C Vashista
(Expert) 09 June 2017
I fully agree with experts Mr. PS Dhingra and Mr. Sudhir Kumar qua grant of retirement benefits of provisional pension, PF, leave encasement, however, gratuity shall be withheld lis pendence.
What were the circumstances for revocation of suspension within 3 months?
What is the opinion and advise of legal department of your institute/department?
Guest
(Expert) 09 June 2017
Sudhir Kumar ji,
Thanks for agreeing with me.
Guest
(Expert) 09 June 2017
Dr. JC Vashista ji,
Thanks for agreeing with me.
Guest
(Expert) 09 June 2017
Adv. Yogen Kakde ji,
Thanks for agreeing with me.
Kumar Doab
(Expert) 09 June 2017
You may respond to points raised by Vashistaji e.g;
'What is the opinion and advise of legal department of your institute/department?
'.
Sudhir Kumar, Advocate
(Expert) 10 June 2017
In govt sector these type of matters are too routine to be referred to legal deptt.
Guest
(Expert) 10 June 2017
Sudhir ji,
When an imposter (Kumar Doab) does not know abc of rules and regulations and intends only to make irrelevant posts just to mislead the authors of the questions, telling him "In govt sector these type of matters are too routine to be referred to legal deptt," is just like bhains ke aage been bajana.
Let him/her satisfy his/her soul by making posts just as a remedy for his/her chronic disease.
