Sandeep kumar (Lawyer) 16 December 2017

Govt employee not retired on time

govt. employee was not retired on retirement date by dept by mistake. employee was paid regular salary. after one year dept. realised its mistake and retired the employee. dept. deducted the salary of one year from her pensionary benefits. pls guide and refer some case law.

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6 Replies

KISHAN DUTT KALASKAR (Advocate) 16 December 2017

You have to approach the Hon'ble High Court since you have not committed any wrong in respect of date of retirement. The State Government may be restrained by High Court from deducting salaries paid from terminal benefits.

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Neha Dhanwani 16 December 2017

No detection can be made from the pension of gov. Employee. It was mistake of the government approach tha hon'ble high court in d writ to get best relief

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Kumar Doab (FIN) 16 December 2017

If the employee was made to work then NO wrong seems to have been committed (from employee's point of view) by making payment of earned wages to the employee.

The establishment and bosses have obviously erred and employee should not be wronged.

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Kumar Doab (FIN) 16 December 2017

The Act of the management might be to dump the employee in courts and to get stamp of court and escape with some penalty.

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