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IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNA SATAPATHY
Meena Mohanta – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. writ petition filed for retiral benefits. (Para 1 , 2 , 3) |
| 2. arguments on behalf of petitioner regarding abatement of proceedings. (Para 4) |
| 3. opposite parties' argument on liability of heirs. (Para 5) |
| 4. court's finding on abatement and directive for retiral benefits. (Para 6) |
| 5. writ petition disposed of. (Para 7) |
JUDGMENT :
Biraja Prasanna Satapathy, J.
1. This matter is taken up through hybrid mode.
2. Heard Mr. U.C. Mohanty, learned counsel appearing for the Petitioner and Mr. S.P. Das, learned Addl. Standing Counsel appearing for the Opp. Parties. Instruction provided in Court be kept in record.
3. The present writ petition has been filed inter alia with the following prayer:-
“In the aforesaid circumstances, it is humbly prayed that this Hon’ble Court may graciously be pleased to admit this writ application and issue a RULE NISI calling upon the Opposite Parties to show cause as to why this writ application shall not be allowed and if the Opposite Parties failed to show cause or show insufficient cause, the said Rule may be made absolute and on hearing the parties through their counsel, this Hon’ble Court be further pleased to:-
i) Issue appropriate Writ/Writs in ho
Proceedings against a deceased employee are abated upon their death, which necessitates the release of retiral benefits and family pension to the legal heirs.
Disciplinary proceedings abate upon death of the employee, allowing heirs to claim retirement benefits.
The main legal point established in the judgment is that the authorities can only withhold pension and retirement benefits if there are pending disciplinary or criminal proceedings against the deceas....
Disciplinary proceedings cannot continue after an employee's retirement in absence of explicit provisions allowing such continuation in service rules.
Disciplinary proceedings must adhere to statutory procedures; failure to follow these renders resultant penalties unsustainable.
The death of an employee abates disciplinary proceedings, entitling the heirs to retirement benefits and settlement dues. Disciplinary proceedings against a deceased person cannot result in punishmen....
Departmental proceedings cannot be initiated beyond four years from the occurrence of an event, ensuring procedural compliance for retired individuals' benefits.
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