Back
IN THE HIGH COURT OF CHHATTISGARH
Amitendra Kishore Prasad, J
Lal Bahadur Shah – Appellant
Versus
State of Chhattisgarh – Respondent
Order :
(Amitendra Kishore Prasad, J.)
1. Heard Mr. Vinod Kumar Deshmukh, Advocate for the petitioner.Also heard Mr. Suyashdhar Badgaiya, learned Deputy Government Advocate for the State/respondents No.1 and 2 as well as Mr. Raj Kumar Gupta, Advocate for respondent No.3.
2. The petitioner is aggrieved by the acts of respondent authorities, by which they have not released the retiral dues of the petitioner i.e. Pension, Gratuity, G.P.F., Leave encashment, Family Benefit Scheme/GIS etc.
3. By filing the instant writ petition, the petitioner has prayed for following relief(s):-
“10.1 This Hon'ble Court be pleased to direct the respondents authority to immediately release the all the retiral dues ie. Pension, Gratuity, G.P.F., GIS, Leave encashment, etc to the petitioner which he is legally entitled on date of his superannuation and also quash the order of withholding of retiral dues of the petitioner, if any, passed by the respondent authority.
10.2 Further hold that the petitioner is entitles for the interest on the retiral dues from the date it fell due till realization at the rate of 18% per anmum.
10.3 Any other relief as deemed fit by this Hon'ble Court.”
4. Brief facts of the case, are
Pension is a constitutional right and cannot be withheld without proper justification, even if a caste certificate is disputed.
In the absence of specific provisions empowering the employer to withhold the pension of an employee, the same cannot be withheld, especially after the employee has been acquitted from criminal charg....
Pensionary benefits cannot be withheld without statutory adjudication during service; employees are entitled to benefits unless properly invalidated by law.
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)....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
