Pension and pensionary benefits

RANJAN DEY CHOUDHURY (Querist) 21 September 2015 This query is : Resolved
My friend has served in Central Government for more than 23 years without any break. All of a sudden he was posted out due to some misunderstanding with controlling auhty's. He haven't join new place of posting and remain absented from service at his own, resulting which he was removed from service. In my idea he is entitled for full pension as well as all eligible pensionary benefits. There is a court judgement two-three years back of similar type of issue and all pensionary benefits are extended to such person as he completed more than 20 years of service. Please guide me and quote reference so that I can help someone.

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Guest (Expert) 21 September 2015
Removal from service on account of disciplinary action for unauthorised absence disentitles him for pensionary benefits. Pension is permissible only on retirement, may be after 20 years.

RANJAN DEY CHOUDHURY (Querist) 21 September 2015
As per procedure person became eligible for pension after completing 20 years of civil service. My query is that where will his earlier service go, though he has no bad record in entire service. Has there is any provision to appeal without going to court.

Sudhir Kumar, Advocate (Expert) 22 September 2015
20 years service makes someone entitled for terminal benefits in case of VR and he never applied for the same.

Removal from service entails forfeiture of benefits. He gets nothing except PF and Gp Insurance deposits.

Kumar Doab (Expert) 22 September 2015
Can you post the link to the judgement that you have mentioned.

Rajendra K Goyal (Expert) 22 September 2015
Agree with the expert P.S. Dhingra.

Sudhir Kumar, Advocate (Expert) 22 September 2015
"Has there is any provision to appeal without going to court. "

There is provision to appeal to the appellate authority without which CAT will entertain his case.

P. Venu (Expert) 22 September 2015
Was he removed from service in accordance with CCS(CCA) Rules?

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