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NAMIT KUMAR
Baljit Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Namit Kumar, J.
Petitioner has approached this Court by way of filing the present petition under Articles 226/227 of the Constitution of India seeking a writ of certiorari for quashing the order dated 22.11.2022 (Annexure P-9) vide which the claim of the petitioner for grant of interest on the delayed payment of retiral benefits stands declined and further a writ of mandamus has been sought for directing the respondents to grant interest @ 18% per annum on the retiral benefits, which include gratuity, arrears of pension, regular pension and arrears of leave encashment on account of revised pension, which have been paid after a considerable delay to the petitioner, after his retirement on 31.03.2012.
2. Brief facts, as have been stated in the petition, are that the petitioner was promoted as Junior Engineer on 09.07.1999 and retired as such on 31.03.2012 on attaining the age of superannuation from the office of Municipal Corporation, Patiala and thereafter GPF amount of Rs. 2,49,910/-, leave encashment amount of Rs. 3,48,320/- was paid to him. Regular pension and gratuity was not disbursed to the petitioner and only provisional pension was granted, in view of case bearing FIR
Withholding retiral benefits based solely on the pendency of an FIR is unjustified without a charge-sheet being filed.
Retiral benefits cannot be withheld based solely on the registration of FIRs without a challan being presented at the time of retirement.
The withholding of gratuity solely on account of the pendency of the FIR, without any challan presented on the date of retirement, was not justified. The criminal proceedings would be deemed to have ....
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.
In the absence of specific provisions empowering the employer to withhold the pension of an employee, the same cannot be withheld, especially after the employee has been acquitted from criminal charg....
Pensionary benefits cannot be withheld if there are no pending charge sheets at the time of retirement, and the employee is entitled to interest on delayed release of benefits.
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....
Gratuity payment can be withheld during the pendency of departmental or judicial proceedings as per Rule 64(1)(c) of the Chhattisgarh Civil Services (Pension) Rules, 1976.
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