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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
N. Unni Krishnan Nair
RAMENDRA LAL BISWAS S/O- LATE RASTIK LAL BISWAS – Appellant
Versus
STATE OF ASSAM – Respondent
JUDGMENT & ORDER :
N. Unni Krishnan Nair. J.
Heard Ms. S. Kanungoe, learned counsel for the petitioner. Also heard Ms. M.Bhattacharjee learned Additional Senior Government appearing for the State respondents.
2. The petitioner, by way of instituting the present proceeding, has prayed for the following reliefs: -
(i) By directing the respondent authorities to release regular pension and other pensionary benefits after calculating the 4(four) increments w.e.f. 2013- 16 and the promotion scale to the post of Superintendent due in the year 2014.
(ii) By directing the respondent authorities to grant 4(four) increments w.e.f. 2013 to 2016 and to give promotional scale to the post of Superintendent due in the year 2014.
(iii) By directing the respondent authorities to regularize the period of suspension as on duty, in the interest of justice.
After perusal of the records, cause or case shown if any and upon hearing the parties, Your Lordships may be pleased to make the Rule absolute and/or pass such appropriate Order/Orders or direction as Your Lordships may deem fit and proper in the interest of justice.
3. The brief facts requisite for adjudication of the issue, arising in the present proceedin
The absence of a charge-sheet in pending criminal proceedings allows entitlement to pension and benefits, as departmental proceedings were dropped, exonerating the petitioner.
The right to receive pension and retirement benefits is a valuable right vested in a government servant, protected under Article 300-A of the Constitution of India. The court emphasized that the paym....
Withholding of pension and gratuity due to pending criminal proceedings is unconstitutional when departmental charges are dropped and no substantial justification is provided.
Rule 197A of the Pension Rules provides for interest of delayed payment of pension and gratuity.
The main legal point established is the entitlement to provisional pension in the context of suspension, superannuation, and pending criminal proceedings, as per relevant rules and government orders.
The main legal point established in the judgment is that the reduction in pension should be considered by the authority imposing the penalty at the time of imposition, and failure to do so would amou....
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