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S. N. PATHAK
Mina Devi, wife of late Jai Prakash Nayak – Appellant
Versus
State of Jharkhand the Secretary/ Principal Secretary, School Education and Literacy Department, Ranchi – Respondent
JUDGMENT :
Heard the parties.
2. Petitioner has approached this Court with a prayer for direction upon the respondents to pay all the death-cum-retiral benefits including family pension, gratuity, GPF, leave encashment and all other admissible dues to the petitioner along with interest @ 9% per annum, in view of the fact that the husband of the petitioner died on 27.08.2021 after his superannuation on 31.10.2016 from the post of Clerk, Government High School, Kharsidag, Namkum, Ranchi.
Petitioner has further prayed for quashing of the part of order contained in memo No. 2648 dated 28.10.2016 (Clause-III thereof), whereby it has been decided that the period of suspension will not be counted for the purpose of any monetary benefits.
3. The case of petitioner lies in a narrow compass. Husband of petitioner was appointed as Clerk in the Government High School, Kharsidag, Namkum, Ranchi. During his service period, an FIR was lodged under Section 302/34 IPC which was registered as Namkum P.S. Case No. 57/95, in which the husband of petitioner was arrested on 07.06.1995. On his arrest, the respondents vide order dated 15.07.1995 put him under suspension. Thereafter, the husband of petitioner
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....
Retiral benefits are constitutional rights that cannot be denied without due process, and unproven allegations of forgery do not justify withholding such benefits.
Withholding of pension and gratuity due to pending criminal proceedings is unconstitutional when departmental charges are dropped and no substantial justification is provided.
The main legal point established in the judgment is that the release of retirement benefits is a necessary corollary to acquittal, and in the absence of any specific order withholding benefits, the d....
An employee acquitted in a criminal case is entitled to salary for the suspension period if no departmental proceedings are initiated, emphasizing the duty of the employer to reconsider suspension cl....
Retiral benefits cannot be subjected to recovery for alleged misconduct without a formal finding of guilt, and the rights of a widow to her deceased husband's benefits must be upheld.
Retiral benefits cannot be withheld solely based on pending criminal charges unrelated to an employee’s official duties, as they are vested rights earned through service.
An employee acquitted of criminal charges is not automatically entitled to back wages if the suspension was due to their involvement in a crime, reflecting the employer's discretion based on the circ....
Pension and gratuity cannot be withheld due to unrelated criminal proceedings; provisional pension must be granted during appeal.
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