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A. S. CHANDURKAR, VRUSHALI V. JOSHI
Dilip Chintaman Nandankar – Appellant
Versus
Union of India, Through Its Secretary Ministry of Personnel, Public Grievances and Pensions Department of Personnel and Training – Respondent
JUDGMENT :
Vrushali V. Joshi, J.
1. Heard.
2. Rule. Rule made returnable forthwith and heard finally with the consent of the learned Counsel for the parties.
3. The petitioner is aggrieved by withholding of his retirement benefits pursuant to his superannuation on 31.03.2020. By communication dated 20.03.2020, the petitioner was informed that in view of (Department of Personnel and Training) DOPT Circular dated 08.04.2019 his retirement benefits were being withheld. Being aggrieved the petitioner by this writ petition seeks release of retirement and other benefits.
4. The petitioner was appointed as Development Officer on 20.05.1987 in S.T. Category and was promoted from time to time and got retired as a Manager on 31.03.2020. Just before retirement the petitioner was communicated vide letter 20.03.2020 which was received on 15.10.2020. In receipt of DOPT Circular No.3601/12/2013 dated 08.04.2019 giving reference of the Hon’ble Supreme Court Judgment dated 11.10.2018 in Civil Appeal No.10396/2018 arising out of S.L.P. No.13011/2018 Gajanan Marotrao Nimje and Others Vs. RBI and Others, wherein it is mentioned that the appellants (who are from Halba Koshti/Halba Communities) shall be plac
Pension is a constitutional right and cannot be withheld without proper justification, even if a caste certificate is disputed.
Pension is a property right that cannot be withheld without lawful authority; withholding based on proceedings initiated post-retirement is unlawful, and interest must be paid for delays in disbursem....
The railway administration cannot withhold pensionary benefits in the absence of any pending judicial or departmental proceedings against the employee, as per Rule 9 of the Railway Services (Pension)....
The withholding of pension and gratuity based on the pendency of criminal proceedings unrelated to official duties is illegal and arbitrary, as pension and gratuity are the earnings of an employee fo....
Pension and gratuity cannot be withheld due to unrelated criminal proceedings; provisional pension must be granted during appeal.
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