Can a govt.servent get pension and gratutiy after conviction in 498a of ipc during service period ?
Rajeev Kumar
(Querist) 26 October 2011
This query is : Resolved
Dear Sir, One of my client is a govt.servent who is about to retire after two years, facing the trial in 498 A of IPC and the trial have been completed. It is quite clear that the accused persons will be convicted. My question is that whether my client who is a govt.servent will get the benefit of pension and gratuity after conviction in 498 A of IPC during his service period ?
Guest
(Expert) 26 October 2011
there is no bar to get pension and gratuity. But this will take much more time. if he is sent to jail after conviction he will the suspended and charge memo will be issued. pending the charge memo retirement is not possible. So file appeal and get acquittal
Raj Kumar Makkad
(Expert) 26 October 2011
There is no bar to get these retiral benefits even if conviction is upheld in appeal/revision.
R.Ramachandran
(Expert) 27 October 2011
If possible, to pre-empt the delay and also to avoid any complications, perhaps your client can immediately submit voluntary retirement with 3 months notice. If that is accepted, then his pension and gratuity would become automatic and subsequent conviction will have no effect. (I do not know whether you will have 3 months time before the sentence is pronounced).
Guest
(Expert) 27 October 2011
Dear Rajeev,
That all depends upon whether the date of retirement of employee happens before conviction or after conviction. Normally, after conviction of employee in such cases, the Government issues direct dismissal orders without serving even charge sheet under the special provisions, as incorporated in the respective Classification, Control & Appeal Rules of the concerned Government.
So, if he is convicted after he is superannuated, he would start drawing provisional pension, as dismissal in that case cannot be expected before judgment. But, his Gratuity would be withheld till final decision in his disciplinary case, which would be separate from the court case. After his retirement, he would definitely get proceeded under discipline rules applicable to the employee after service of due charge sheet to him and his retirement benefits would get affected by the decision on that case. If exonerated by the department, he would get his final pension approved and also would get all other retirement benefits. But if he is awarded with any prescribed penalty his pension can be stopped or reduced for some period or forever accordingly. However, provisional pension already drawn by him would not be reduced, adjusted, or recovered from him.
But if his date of retirement happens to fall after he is actually convicted, he is likely to be dismissed before his superannuation date, where he would lose all his retirement benefits, except PF and Savings part of his Employee Insurance Scheme.
So, now it is up to you how you can manage his court case.
Sailesh Kumar Shah
(Expert) 27 October 2011
I agree the opinions of Shri R. Ramachandran and Shri PS Dhingra.
Sanjeev
(Expert) 27 October 2011
why do you anticipate prosecution in 498A were the cruelties so grave and are proved. You would still have chances to appeal against the judgement in High court and there may be chances of aquittal. It may take another 3-4 years in High court so the matter would remain sub judice.
Sankaranarayanan
(Expert) 27 October 2011
yes dont confuse and tie knot from here to their. Mr Dingra explained well for this query.
Raj Kumar Makkad
(Expert) 27 October 2011
Dhingra ji has detailed the legal position. I do agree.
K.S.Srinivas
(Expert) 28 October 2011
I too agree with Mr.Dhingra.
R.RAJENDRAN
(Expert) 30 October 2011
The pension benefits depend on the result of the Charge Memo that may be issued to him.
If the proceeding consequent to issue of Charge memo culminates in dismissal, the person will not be entitled to pension benefits.
Sudhir Kumar, Advocate
(Expert) 05 June 2014
@ Mr R Rajenderan.
No chargehseet is issued to convicted Govt servant. He is dismissed after issue of show Cause Notice.
Raj Kumar Makkad
(Expert) 05 June 2014
One should not raise the query on the anticipation and presumption. At this stage, you should confine yourself up to the effective defence in the ongoing criminal case.
