Dipu 18 August 2019

Reduction in pension and forfeiture of gratuity

I was placed under compulsory retirement as a penalty in the year 2017 and the penalty order didn't mention anything about my pensionary benefits.. Till date I have not received my pensionary benefits. Now after nearly two years the department has issued an order which says that my pension will be reduced by one third as per rule 40(1) of CCS pension rules 1972 and my gratuity will be forfeited as per rule 4(6)(b)(ii) of Gratuity Act. My question is whether such an act on the part of my department at this stage is legally correct. Please reply with some justification.

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g isaac (Lawyer) 18 August 2019

What was the nature of punishment? The gratuity could be forefeited if you had been punished by criminal offences by court of law. If you was responsible for any loss or, grtuity could be reduced to that extent. In respect of pension, it is the discretion of the authority, but appeal could be filed.

Dipu 19 August 2019

No, I was never convicted by a Court of law. But my original question is whether after two years issuance of the penalty order of compulsory retirement, can the department decide to reduce pension citing ccs rules and forfeit gratuity citing the Gratuity Act? I heard something about functus officio. Isn't it applicable here?