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IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.PANIGRAHI
Bijaya Krishna Panigrahi – Appellant
Versus
State Of Odisha – Respondent
| Table of Content |
|---|
| 1. factual background of the petitioner’s service and pension claim. (Para 3) |
| 2. petitioner claims right to retirement benefits. (Para 4) |
| 3. opposition citing pendency of vigilance cases. (Para 5) |
| 4. discussion on withholding pension based on criminal cases. (Para 6 , 7) |
| 5. pension as a fundamental right and integral to social security. (Para 8 , 9 , 10 , 11) |
| 6. legality of withholding pension without statutory provisions. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 7. direction for disbursement of pensionary benefits. (Para 19 , 20 , 21) |
JUDGMENT :
1. Since common question of facts and law are involved in both the above- mentioned Writ Petitions, the same were heard together and are being disposed of by this common judgment. However, this Court felt it apposite to deal the W.P.(C) No.30151 of 2020as the leading case for proper adjudication of all these cases.
I. FACTUAL MATRIX OF THE CASE
(i) The petitioner was selected and appointed as an Inspector of Commercial Taxes under the Finance Department and joined the post on 23.01.1984. While he was serving the Commercial Tax Officer, Bhubaneswar-IV Circle, Bhubaneswar serving in this capacity, disciplinary proceedings were initiated
Pension is a fundamental right and property under Article 300A, and cannot be withheld without statutory authority, regardless of pending vigilance proceedings.
Pensionary benefits are a fundamental right and cannot be withheld due to pending investigations without statutory backing, affirming they cannot be treated as discretionary payments.
Government employees are entitled to pension and retirement benefits if no departmental or judicial proceedings are pending at the time of retirement, in accordance with the prescribed rules.
Pensionary benefits can only be withheld if a charge sheet has been filed and cognizance taken in a criminal case; mere allegations without formal proceedings do not justify withholding such benefits....
Pension rights are vested and cannot be arbitrarily denied; disciplinary actions post-retirement must adhere to statutory limits prohibiting proceedings for incidents beyond four years.
Pension is a property right that cannot be withheld without lawful authority; withholding based on proceedings initiated post-retirement is unlawful, and interest must be paid for delays in disbursem....
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