Retirement and benefit
Nick
(Querist) 09 February 2015
This query is : Resolved
We have IPC 498a/304B case pending in lower court for last 5 years. My father was a primary school teacher in West Bengal and he was suspended from the date he arrested. My-self, son is the prime accused in the case. One month back my father retired from the service.School authority not giving the retirement benefit to my father.School authority said they will provide the only PF amount now and gratuity,pension and commutation will be provided only after the final judgement of the case.I would like to mention here school authority has given the 75% of salary to my father till retirement.
However I father applied for accommodating the retirement benefit to school authority after the retirement and in reply to application they have issued a later saying "However in terms of G.O No.888/ES/O/PEN/IM-2/2011 Dt.-15/07/2011 he is entitled for ad-hoc pension till finalization of the case subject to the conditions stated in the said G.O"
I would like to ask few questions to our expert as below.
1) What should I do now to release all amount entitled?
2) what are the conditions in the said G.O
Thanking in advance.
P. Venu
(Expert) 09 February 2015
Your father is entitled to provisional pension and this should not be less than pension as entitled.
As regards other benefits, please examine the provisions of statutory rules.
Rajendra K Goyal
(Expert) 09 February 2015
For knowing the conditions of the said GO you can ask a copy of the same through RTI.
Wait for final amount release till the case is finalized.
ajay sethi
(Expert) 09 February 2015
file RTI application to know terms and conditions of GO
Guest
(Expert) 09 February 2015
Your father is entitled to provisional pension, which you call ad-hoc pension and that would be based on the emoluments drawn during his duty period by disregarding the period of suspension. The said provisional pension would continue to be allowed till the court case is finally decised.
The said provisional pension would be subject to be adjusted by grant of final pension (full pension), if your father is exonerated from the criminal case, as in that case only the suspension period can be treated as duty period with regulation of his pay on the date of his retirement, but only if the authorities treat suspension as wholly unjustified.
Gratuity & commutation of pension can be allowed only adter he is exonerated of the case.
Normally, leave salary encashment is also withheld by the authorities, but in this case, leave salary encashment for the portion of leave due to him can be allowed, as he is not involved in any departmental fraud case.
So, better get the case decided in his favour to get all the due retirement benefits.
Dr J C Vashista
(Expert) 10 February 2015
I agree with experts advise. Your father is entitled for provisional pension and other terminal benefits except gratuity which shall be released on his exoneration.
P. Venu
(Expert) 10 February 2015
The important question is whether release of gratuity (and also commutation) has been on the basis of statutory rules. The relevant service rules needs to be looked into.
T. Kalaiselvan, Advocate
(Expert) 11 February 2015
Expert Mr. Dhingra has addressed this query very well, I agree with his views.
