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VIVEK RUSIA
Prem Rao Chandelkar S/O Late Shri Manak Rao Chandelkar – Appellant
Versus
Water Resource Department – Respondent
ORDER :
Petitioner has filed the present Writ Petition seeking quashment of recovery proceeding dated 12.07.2011 as reflected in the service record of the petitioner filed as Annexure P/6. The petitioner is also aggrieved by withholding 10% of the pension and 60% of gratuity on account of the pendency of the Trial under the provision of the Prevention and Corruption Act (for the sake of the convenience ''PC Act'').
The facts of the case in short are as under:
2. The petitioner was appointed on the post of Sub Engineer vide order dated 27.10.1975, thereafter he was regularized on the said post on 01.07.1989. From 01.05.1997 to 27.09.2003, the petitioner was posted on deputation at Indore Municipal Corporation in the capacity of Sub Engineer. Vide order dated 27.09.2003, the petitioner was repatriated to his parent department i.e. Water Resources Department. The petitioner attained the age of superannuation on 31.12.2011 and accordingly retired from the service. According to the petitioner, the Special Police Establishment (Lokayukt) registered an FIR on 17.01.2011 at Crime No.04/2011 under Section 13(1) E and 13 (2) of the PC Act on account of disproportionate assets accumulated in the
The right to receive pension and gratuity is recognized as a property and cannot be deprived except by having recourse to law in view of Article 300-A of the Constitution of India. The power of the S....
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....
Entitlement to full pension and gratuity is dependent on the absence of pending judicial or departmental proceedings at the time of retirement, as per the Chhattisgarh Civil Services (Pension) Rules,....
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