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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
AMAN CHAUDHARY
Gurcharan Singh Chahal – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Aman Chaudhary, J. (Oral)
1. Prayer made in the present petition is for directing the respondents to release all retiral benefits of the petitioner, alongwith interest.
2. The petitioner, who was working as Director, Animal Husbandry, retired on 31.05.2004, had not been released the retiral benefits due to pendency of appeal against acquittal and there being no disciplinary proceedings initiated against him. Be that as it may, the NOC has now been given by the Department on 04.01.2024, for releasing his entire benefits, as is reflected in para 4 of the short reply dated 15.05.2024.
3. The congruent ground taken in the present case, was found to be fundamentally flawed in Faquir Chand vs. State of Haryana and others, CWP-3177-2009 and Banwari Lal vs. State of Haryana and others, CWP-4032-2009, disposed of vide a common judgment dated 13.11.2009, LPA against which stands dismissed observing that a finding of guilty is a prerequisite for invoking the provisions of the Rules to withhold or discontinue pension or pensionary benefits, an appeal against acquittal, by no means or interpretation, equates to a conviction justifying such deprivation. Relevant paras whereof read thus:
"5
The mere pendency of an appeal against acquittal does not justify withholding retiral benefits, as established by the court's interpretation of relevant pension rules.
Pendency of a criminal appeal against an acquittal does not bar the release of pension and other retirement benefits.
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....
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....
Retiral benefits cannot be withheld based solely on the registration of FIRs without a challan being presented at the time of retirement.
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.
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