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IN THE HIGH COURT OF JHARKHAND AT RANCHI
S. N. PATHAK, J.
Kaushal Kishore, son of Late R.N. Singh – Petitioner
Versus
The State of Jharkhand through the Secretary, Road Construction Department and ors. – Respondents
W.P.(S) No. 3928 of 2022 With W.P.(S) No. 351 OF 2024 With W.P.(S) No. 2296 of 2024 With W.P.(S) No. 1424 of 2022
Decided On : 13-09-2024
JUDGMENT :
S. N. PATHAK, J.
Heard the parties.
2. Apart from individual prayers made in all the aforesaid writ petitions, common questions of law are involved in all these writ petitions and as such they have been tagged and heard together and are being disposed by this common order.
PRAYER OF THE PETITIONER in W.P.(S) No. 3928 of 2022
3. Petitioner has prayed for quashing of the order as contained in Memo No. 3607(s), dated 25.11.2021 (Annexure-10), issued under the signature of Under Secretary inasmuch as entire gratuity, commutation of pension and 10% of the pension of the petitioner has been withheld on account of pendency of criminal proceeding, not related or connected with misappropriation or causing of any pecuniary loss to the State exchequer.
Petitioner has further prayed for a direction upon the respondents to grant him full pension along with consequential arrears, gratuity and commutation of pension.
Petitioner has further prayed for payment of difference of salary minus subsistence allowance for the period of suspension from 28.09.2019 to 04.11.2019.
Petitioner has further prayed for grant of benefits of 3rd MACP due upon him on completion of 30 years of service i.e. on 10.08.2013 and for revision of pay scale and disbursement of the same with consequential arrears and also for re-computation of entire retiral dues on the basis of revised pay scale and payment with arrears.
PRAYER OF THE PETITIONER in W.P.(S) No. 351 of 2024
4. Petitioner has prayed for quashing of letter as contained in Memo NO. 3605, dated 28.06.2023 (Annexure-2) whereby and whereunder the Deputy Secretary, Water Resources Department, Government of Jharkhand has directed the Accountant General, Jharkhand to pay only 90% pension to the petitioner and has further directed to withheld gratuity.
Petitioner has further prayed for a direction upon the respondent no. 4 to refund the recovered amount of 10% of pension and further pay full pension and gratuity to the petitioner.
PRAYER OF THE PETITIONER IN W.P.(S) No. 2296 of 2024
5. Petitioner has prayed for quashing the order as contained in memo no. 877, dated 10.05.2022 (Annexure-5), issued under the signature of Director, whereby and whereunder only provisional pension to the petitioner has been sanctioned and his gratuity has been withheld on account of pendency of criminal case.
Petitioner has further prayed for quashing of letter as contained in memo no. 2078, dated 25.08.2022 (Annexure-6), whereby and whereunder, it has been communicated to the Accountant General that the petitioner would only be entitled for payment of provisional pension and his gratuity has been withheld on account of pendency of a criminal case.
Petitioner has further prayed for direction upon the respondents to pay him full pension along with consequential arrears and final payment of gratuity, which has been withheld.
Petitioner has further prayed for quashing of the part of the order contained in Memo No. 98, dated 25.01.2022 (Annexure-4), whereby and whereunder in terms of order dated 02.11.2021, passed in W.P.(S) No. 415 of 2021, the dismissal order of the petitioner dated 12.01.2021, has been recalled but he has been allowed to be under suspension till 31.01.2021.
PRAYER OF THE PETITIONER IN W.P.(S) No. 1424 of 2022
6. Petitioner, who retired on 31.12.2018 from the post of Dy. Agricultural Director, Hazaribagh, has prayed for a direction upon the respondents to release retirement benefits i.e. pension, gratuity, provident fund and other retiral benefits.
Facts of the case in W.P.(S) No. 3928 of 2022
7. According to the petitioner, he was appointed to the post of Junior Engineer under the Public Works Department, Govt. of Bihar on 10.08.1983 and had an excellent service career. He was also granted the benefits of 1st ACP and the 2nd ACP followed by promotion to the post of Assistant Engineer. Petitioner had become eligible for 3rd MACP with effect from 08.10.2013 upon completion of 30 years of continuous service. Though similarly situated
Pension and gratuity cannot be withheld without proper proceedings and findings of misconduct; Rule 43(c) requires adherence to principles of natural justice.
The decision to withhold a pension under Rule 43(a) of the Pension Rule should be based on future conduct, and if based on past conduct, Rule 43(b) should be invoked instead.
Point of law: The Government reserves to themselves the right of withholding a pension or gratuity, or both, either in full or in part, or withdrawing a pension in full or in part, whether permanentl....
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....
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