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rishabh   02 February 2017

Regarding pension and gratuity

i was convicted by lower court in graft case although i was part of conspiracy but noways. now i got retired and no action has took by my department i mean dismissal or compulsory retirement. now i want to know how can i get my pension and gratuity and can they still take some decision? moreover what precautions i can take to save this?? pls suggest


 5 Replies

Preetam Thakur (MHA)     02 February 2017

Got retired? Superannuation or premature or discharged on other grounds? What are contents of your retirement certificate?

rishabh   02 February 2017

thanks sir for reply

Actually 31st gone so automatically i m retired as far as i am assuming because they didnot take any decisions till date. now i want to know if they didnt take it so removal or dismissal and compulsary retirement already null and void so how to move forward to  get pension and grauity or can they still do something legally?

Preetam Thakur (MHA)     03 February 2017

"Automatically retired" term or type of retirement does not exist in any statute. First of all you have to have a documentary proof of your status, type and other conditions of retirement set by your employer as per rules or MOU.

You should not have assumed that you are retired on 31st unless your employer issues such order or declaration.

First of all get in touch with the administrative/ record officer or your employer and get documents. You can proceed further only the basis of those documents.

Preetam Thakur

Sudhir Kumar, Advocate (Advocate)     04 February 2017

It appears from the present thread that he has superannuate3d befor eth govt could pass an order of dismissal.  Still it can be a case of pension forefeiture.

Preetam Thakur (MHA)     05 February 2017

Yes Sudhir Kumar sir! It appears so! He should maintain contact with his employer. If convicted, the nature of penalty and punishment also has a direct bearing on the admissibility of pensionery benefits.


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