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S. N. PATHAK
Ashtama Devi – Appellant
Versus
State of Jharkhand through the Secretary, Department of School Education and Literacy Development – Respondent
JUDGMENT :
S.N. Pathak, J.
Heard the learned counsel for the parties.
2. The petitioner has approached this Court with a prayer to extend the entire retiral benefits, including gratuity, GPF, GIS, leave encashment, arrear of pension from 01.02.2015 to 26.05.2021 etc. which accrued to her on account of superannuation of her husband on 31.01.2015 from the post of Assistant Teacher, Upgraded Middle School, Deori in the district of Giridih. Further prayer has been made to fix and extend the family pension to the petitioner with effect from 27.05.2021. The petitioner has also prayed for interest on the delayed payment of entire retiral benefits, including pension and family pension to the petitioner.
3. Briefly stated, the husband of the petitioner was appointed as Assistant Teacher on 1.10.1980 and after rendering a long satisfactory service, he superannuated on 31.01.2015. After retirement, an FIR, being Deori P.S. Case No. 4 of 2017 was lodged against the petitioner on 05.01.2017 alleging inter alia that the husband of the petitioner got appointment on the basis of forged certificates and misappropriated the Government fund. Thereafter, the husband of the petitioner died on 26.05.2021. T
Retiral benefits are constitutional rights that cannot be denied without due process, and unproven allegations of forgery do not justify withholding such benefits.
The prohibition of recovery of emoluments paid for work rendered by an employee, even if beyond entitlement, as it would amount to begar, prohibited under Article 23 of the Constitution.
An employer cannot recover salaries paid for work rendered by an employee beyond their retirement age if the employee was allowed to continue working based on the date of birth recorded in their serv....
The court affirmed that a widow is entitled to full death-cum-retiral benefits and salary for the suspension period after revocation of suspension and dropping of criminal charges against her decease....
Withholding retiral benefits based solely on the pendency of an FIR is unjustified without a charge-sheet being filed.
Pension is a valuable right protected under Article 300A of the Constitution, and cannot be denied without due process. Recovery from a deceased employee's benefits is unlawful without established li....
Public servants are entitled to interest on delayed payment of retiral benefits if the delay is attributable to the State.
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