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HARSIMRAN SINGH SETHI
Dharambir Singh Yadav – Appellant
Versus
State of Haryana – Respondent
Judgment
Mr. Harsimran Singh Sethi, J.
In the present petition, the grievance of the petitioner is that though the petitioner had already retired on attaining the age of superannuation on 31.01.2018, but, the pensionary benefits have not been given to him and that too without any valid justification.
2. Learned counsel for the petitioner argues that there is no impediment in the release of the pensionary benefits and, therefore, the respondents be directed to release the same along with interest.
3. Upon notice of motion, the respondents have filed the reply wherein, the respondents have mentioned in paragraph No.3 of the reply that there is criminal case registered against the petitioner under Section 409, 420, 467, 468, 471 & 120-B IPC as well as under Section 13(1) (d) of the Prevention of Corruption Act, 1988 bearing FIR No. 17 dated 20.08.2009, wherein the petitioner has been named as one of the accused. Therefore, once the criminal proceedings are pending against the petitioner, release of all the pensionary benefits is not admissible and some of the benefits have rightly been withheld by the Department.
4. Learned counsel for the petitioner rebut the contention of the respondents
Pension benefits cannot be withheld solely due to a pending FIR; charges must be framed for withholding such benefits.
An employee found innocent of allegations and prejudiced by the actions of the employer is entitled to interest on delayed pensionary benefits, in line with settled legal principles.
The main legal point established is that when an employee's money has been used by the respondents, interest has to be given, especially if the employee has suffered prejudice due to the actions of t....
Retiral benefits cannot be withheld based solely on the registration of FIRs without a challan being presented at the time of retirement.
Withholding retiral benefits based solely on the pendency of an FIR is unjustified without a charge-sheet being filed.
Interest on delayed release of pensionary benefits can only be paid if the benefits were withheld without valid justification and without fault on the part of the employee.
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