Manmeet Singh Rana (Advocate) 08 July 2013

urgent help in cut in pension case

My uncle retired on 31.3.2005. And received all retiral benefits. A fir was registered and he was convicted in the year 2011. Department had imposed 10% cut on his pension on may 2012 as he was convicted. And after one year that is may 2013 the department had stopped the pension without giving any notice to stop the pension. He filed writ petition. The judge says that cut in pension is with retrospective effect and the department can recover the 10% amount form the date of retirement. My question is whether cut on pension can be imposed with retrospective affect when it is not specifically mentioned in order. Any judgement on this point will help? Thanks.

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7 Replies

Adv k . mahesh (advocate) 08 July 2013

why he was convicted under what and also the judgement has to be seen for giving a proper reply

Manmeet Singh Rana (Advocate) 08 July 2013

He was convicted under prevention of corruption act u.s. 13 (1)(e) &13 (2) as he had spent 1.53.000 rs more than his known source s of income for the period of 5 year of check period.

Adv k . mahesh (advocate) 08 July 2013

he should have show the soruce from his sons or daughters or relatives that he had taken money for his use or show as personal loan from them

Manmeet Singh Rana (Advocate) 08 July 2013

Criminal appeal is pending in high court. And his case is very good on merits. But what about cut in pension. Whether it is affected from retrospective effect when it is not specifically mentioned in the order.

Sudhir Kumar, Advocate (Advocate) 09 July 2013

@ Mr K Mahesh. One is required to state the defenc ewhich he actually have. it is immaterial that what he should has pleaded in DA case. The query here is on pension matter.

The querist is not aware of vital facts and most probably he has not seen all papers. He is not clear whether FIR was before or after retirement.

If employee is retired with FIR then no pension has been sanctioned to him. Only provisional pension he may have been drawing. Now the pension is sanctioned withretrospective effect with 10% cut.