Labour and service
Isaac Gabriel
(Querist) 21 November 2017
This query is : Resolved
Reitrement allowed on superannuation, but the financial benefits were withheld on the graound of pendency of disciplinary procedings.Retirement on superannuation itself entitles for pension. But in this case, two are clubbed together.can a writ could be filed to get the financial benefits?
Guest
(Expert) 21 November 2017
Mr. Isaac Gabriel,
Pension cannot at all be withheld on retirement. Till any disciplinary or even criminal case is decided provisional pension has to be paid by the employer subject to sanction of final pension on decision of the disciplinary/ court case. Although in rarest of the rare cases after the date of superannuation, even if dismissal, removal or termination is ordered on finalisation of the case, the provisional pension, if paid, cannot be recovered from the retired employee.
Of course DCRG can be withheld. Even leave encashment is required to be paid. Of course only part of leave encashment can be withheld just to cover any shortfall of the amount of loss if cannot be covered by the total amount of gratuity. Savings part of the employees insurance scheme can also be paid at the discretion of the employer before finalisation of the disciplinary case.
For provisional pension, you may at first try to convince the pension sanctioning authority to sanction provisional pension. if not convinced you can file case in combination, but, except for provisional pension, case for gratuity may not be successful at a stage of pendency of disciplinary proceedings..Of course, if no financial loss is involved, even gratuity can be released up to 75% of the entitlement at the discretion of the pension sanctioning authority or at the intervention of the court, whichever may be easily possible.
Guest
(Expert) 22 November 2017
I endorse the views of Mr. Dhingra.
Dr J C Vashista
(Expert) 23 November 2017
Very well advised by Mr. PS Dhingra, I agree and appreciate, nothing more to add.
