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IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K. PATTANAIK
Jadumani Kishan – Appellant
Versus
State of Orissa – Respondent
| Table of Content |
|---|
| 1. circumstances leading to the withholding of pension. (Para 1 , 2 , 3) |
| 2. arguments for provisional pension based on appeal status. (Para 5 , 6 , 7 , 8 , 9) |
| 3. counterarguments on pension discontinuation due to conviction. (Para 10 , 11 , 12) |
| 4. legal basis under rule 6 regarding pension eligibility. (Para 13 , 14) |
| 5. final order dismissing the writ petitions. (Para 15 , 16) |
JUDGMENT :
R.K. PATTANAIK, J.
1. All the writ petitions have been clubbed together and disposed of by the following judgment as a common question of law is involved.
2. The writ petitions are filed by the petitioners for a direction to the opposite parties to sanction provisional pension in their favour pending decision in connection with the judicial proceedings assailing withholding of pension and gratuity in view of the orders of the conviction on the grounds inter alia that such decision with the stoppage of provisional pension since 2017 is unjust, arbitrary and not legally tenable, hence, are liable to be interfered with followed by consequential directions issued in that regard.
3. The facts of each case are not separately narrated for the reason that the common challenge is to the non-grant of
Provisional pension cannot be granted to public servants convicted of serious crimes, as entitlement is contingent on the stay of conviction during pending appeals.
Under Rule 8(2) of the Pension Rules, 1976, no notice or opportunity of hearing is required to withhold pension after a conviction, and the principles of natural justice are specifically excluded in ....
A show cause notice is required to be given to a retired Government Servant convicted by a criminal court prior to taking a decision regarding his entitlement to pension.
The main legal point established in the judgment is the requirement for authorities to provide an opportunity of hearing to a retired government servant convicted by a criminal court before deciding ....
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....
The main legal point established in the judgment is that recovery from pension cannot exceed one-third of the pension originally sanctioned and the pension of a person guilty of grave misconduct cann....
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