Supreme Court Judgement: Withholding of Pension or Gratuity

Supreme Court Judgement: Withholding of Pension or Gratuity
C.A. No.6770/2013 @ SLP (C) No. 1427 of 2009

REPORTABLE

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 6770 OF 2013
(Arising out of Special Leave Petition (Civil) No. 1427 of 2009)

State of Jharkhand & Ors.

….. Appellant(s)

Vs.

Jitendra Kumar Srivastava & Anr.

…..Respondent(s)

WITH
C.A. No. 6771/2013
(arising out of SLP(C) No. 1428 of 2009)

JUDGMENT

A.K. Sikri, J

1.Leave granted.

2. Crisp and short question which arises for consideration in these cases is as to whether, in the absence of any provision in the Pension Rules, the State Government can withhold a part of pension and/or gratuity during the pendency of departmental/ criminal proceedings? The High Court has - answered this question, vide the impugned judgment, in the negative and hence directed the appellant to release the withheld dues to the respondent.

Not happy with this outcome, the State of Jharkhand has preferred this appeal.

3. For the sake of convenience we will gather the facts from Civil Appeal arising out of SLP(Civil) No. 1427 of 2009. Only facts which need to be noted, giving rise to the aforesaid questions of law, are the following:

The respondent was working in the Department of Animal Husbandry and Fisheries. He joined the said Department in the Government of Bihar on 2.11.1966. On 16.4.1996, two cases were registered against him under various Sections of the Indian Penal Code as well as Prevention of Corruption Act, alleging serious financial irregularities during the years 1990-1991, 1991-1992 when he was posted as Artificial Insemination Officer, Ranchi. On promulgation of the Bihar Reorganisation Act, 2000, State of Jharkhand (Appellant herein) came into existence and the Respondent became the employee of the appellant State. Prosecution, in respect of the aforesaid two criminal cases against the respondent is pending. On 30th January, 2002, the appellant also ordered initiation of disciplinary action against him. While these proceedings were still pending, on attaining the age of superannuation, the respondent retired from the post of Artificial Insemination Officer, Ranchi on 31.08.2002.

Implementation of Reservation in Promotion for Employees

Ministry of Personnel, Public Grievances & Pensions
Implementation of Reservation in Promotion for Employees

Posted On: 26 JUL 2018 1:55PM by PIB Delhi

The Supreme Court in Special Leave Petition (Civil) No.30621/2011 has passed the following order on 17.5.2018:-

“It is directed that the pendency of this Special Leave Petition shall not stand in the way of Union of India taking steps for the purpose of promotion from ‘reserved to reserved’ and ‘unreserved to unreserved’ and also in the matter of promotion on merits..”.

Further, in the matter related to Special Leave Petition (Civil) No.31288/2017 connected to Special Leave to Appeal (Civil) No.28306/2017, the Supreme Court held as under on 05.06.2018:-
“Heard learned counsel for the parties, Learned ASG has referred to order dated 17.05.2018 in SLP(C) No.30621/2011. It is made clear that the Union of India is not debarred from making promotions in accordance with law, subject to further orders, pending further consideration of the matter. Tag to SLP (C) No.30621 of 2011.”

Based on interim Orders/directions of the Supreme Court dated 17.05.2018 and 05.6.2018, Department of Personnel and Training vide Office Memorandum No. 36012/11/2016- Estt.(Res-I) {Pt-II} dated 15.06.2018 requested all the Ministries/Departments of the Government of India to carry out promotions in accordance with above directions of the Supreme Court on existing seniority / select lists subject to further orders which may be passed by the Supreme Court. The State Governments were advised to take necessary action in accordance with the above-mentioned orders passed by the Supreme Court.

This information was provided by the Union Minister of State (Independent Charge) Development of North-Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances & Pensions, Atomic Energy and Space, Dr Jitendra Singh in written reply to a question in Rajya Sabha today.

PIB