Provisional pension
Querist :
Anonymous
(Querist) 23 September 2019
This query is : Resolved
My relative has been convicted by lower court in anti corruption case. However, before conviction, he got retired with all retirement benefits except pension which was sub judice at that time(for all employees). Post retirement, pension case was won and it was paid to other retired employees except my relative, on grounds of conviction in lower court.
Is he entitled to provisional pension pending appeal in higher courts.
Isaac Gabriel
(Expert) 24 September 2019
If those who got pension were co-accused, your friend can also file a writ petition for equal treatment.
P. Venu
(Expert) 24 September 2019
It appears that you do not have the complete information. Apparently, he was Government employee. Which Government - State or Central? When did the judicial proceedings commence - was it pending when he had retired from service? What do you mean by 'Post retirement, pension case was won'?
kavksatyanarayana
(Expert) 24 September 2019
Ji, provisional pension cannot be sanctioned. Your friend also may file case for pension.
Sudhir Kumar, Advocate
(Expert) 25 September 2019
provisional pension takes place when a person retires within disciplinary/criminal case. In this case he stands convicted. Therefore the provisional pension even if sanctioned would have been stopped.
Sudhir Kumar, Advocate
(Expert) 25 September 2019
You said he has got all retirement benefits. If he has retired during criminal case and got Leave Encashment and Gratuity then this a case of chargesheet to many persons (responsible for this payment) in the dpett as he was not entitled to the same.
In case he got GPF and Gp Insurance money it is immaterial as these payments cannot be stopped if a person retired within a disciplinary/criminal case. Such payments do not at all entitled him to any pension if convicted.
Dr J C Vashista
(Expert) 25 September 2019
How can pension be sanctioned when an accused has been convicted in an anti-corruption case? Answer is No.
Your so-called friend had engaged an able, ompetent and intelligent lawyer to contest/proceed his/her case(s), what is his/her opinion and advise?
Why a second opinion and obligation of experts is sought on the basis of limited facts? If you (or your friend) are dissatisfied with his/her lawyer, advise your friend to change him/her immediately.
Why are you bothered about the pension of your "friend" Mr/Ms Anonymous?
Sudhir Kumar, Advocate
(Expert) 25 September 2019
Some persons do ask the query of their own in the guise of "my friend". Nothing new.
Querist :
Anonymous
(Querist) 25 September 2019
Apparently my query was not very clear.
Pension was not payable to rural bank employees till 2018. However, after ruling by supreme court, pension become applicable and is being released for retired employees.
My relative is hopeful of provisional pension based on following clause mentioned in pension regulations of his bank.
Provisional pension.�
(1) An employee who has retired on attaining the age of superannuation or otherwise and against whom any
departmental or judicial proceedings are instituted or where departmental proceedings are continued, a
provisional pension, equal to the maximum pension which would have been admissible to him, would be
allowed subject to adjustment against final retirement benefits sanctioned to him, upon conclusion of the
proceedings but no recovery shall be made where the pension finally sanctioned is less than the provisional
pension or the pension is reduced or withheld, either permanently or for a specified period.
Sudhir Kumar, Advocate
(Expert) 27 September 2019
It is now you have revealed that it is a case of rural bank.
So far you were perhaps just taking test of the experts who provide charitable service using their own time, net data and electricty.
please recosider how many more factws you have to reveal.
How PC Act applied on rural bank?
is he convicted under other law?
any departmental proceeding parallel?
Whether he was member of EPFO?
what is the source of pension of employees of thsi bank?
any other relevant fact?
P. Venu
(Expert) 27 September 2019
Please post the relevant and material facts avoiding subjective personal opinions.
Querist :
Anonymous
(Querist) 01 October 2019
PC act applies normally on rural bank employees as CBI sought permission from bank authority for initiating his prosecution.
No departmental proceedings initiated by bank so far.He is member of EPFO and as per pension rules framed for his bank, employee is supposed to surrender employer contribution for getting pension. On getting bank intimation, he deposited employer contribution with bank, however later bank realised that he has been convicted, and denied pension.
Pension source for bank: I was told it's from bank's funds.
Dr J C Vashista
(Expert) 03 October 2019
It would be advisable to consult a local prudent lawyer practicing service matters for better appreciation of facts and documents, guidance and proceeding.
Sudhir Kumar, Advocate
(Expert) 04 October 2019
Now you are informing that the empoloyee is MEMBER OF EPFO
This information changes the complexion of case.
what prevented you from disclosing this vital information from the beginning.
You are perhaps assumed yourself to be examiner and experts to be your students.
please do announce any more fact which you are yet to disclose. we are not here for giving test to you. Without this I am denying you of my further views in the matter.
Sudhir Kumar, Advocate
(Expert) 04 October 2019
Still it is not understood
If he was a subscriber of EPFO then how the banks can frame PF rules.
Please examine facts and only then come with full facts.
Querist :
Anonymous
(Querist) 05 October 2019
Sir, pension in rural banks were not at par with nationalised banks that's why it was challenged in court. Subsequently, after winning case, gazette notification was issued by GoI for releasing pension and it was required to surrender employer contribution to bank.
Sudhir Kumar, Advocate
(Expert) 28 October 2019
Your intention seems to be good.
If you really wan to help your friends you should come with clear facts. Otherwise anyone can given a wrong advise based on incomplete facts.
If you cannot understand facts you can meet a service law lawyer with all papers.
If he was getting pension from bank under any notification of GOI then he is not entitled for any pension.
In case his pension fund was maintained by EPFO then he gets pension despite conviction.
