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2018 DIGILAW 632 (JHR)

Naresh Prasad Singh v. State Of Jharkhand

2018-03-16

SHREE CHANDRASHEKHAR

body2018
JUDGMENT Shree Chandrashekhar, J. – The prayer which survives in the writ petition is for payment of post-retiral benefits to the petitioner. 2. In the counter-affidavit, the respondents have disclosed that all admissible post-retiral benefits except gratuity and pension have been paid to the petitioner. 3. For withholding gratuity and pension of the petitioner, initiation of departmental proceeding by an order dated 21.02.2018 has been taken as a ground. In State of Jharkhand & Ors. Vs. Jitendra Kumar Srivastava & Anr. , (2013) 12 SCC 210 , the issue whether during pendency of the departmental proceeding post-retiral benefits of an employee can be withheld has been authoritatively decided by the Supreme Court. It has been held that pendency of the departmental proceeding is not a ground to withhold post-retiral benefits accrued to the petitioner. Pension and gratuity which is pension as provided under Rule 35 of the Jharkhand Service Code, 2001, can be withheld or withdrawn on conclusion of the departmental proceeding only when a finding is recorded that the employee has committed grave misconduct in discharge of his duty while in service. Pension and other post-retiral benefits payable to an employee are akin to right to property under Article 300A of the Constitution of India and it cannot be withheld or forfeited by an executive order, but only in accordance with law, has since long been declared by the Supreme Court in Deokinandan Prasad Vs. State of Bihar & Anr. , (1971) 2 SCC 330 . 4. In view of the law on the subject which does not permit the employer to withhold post-retiral benefits of an employee merely on the ground of initiation/pendency of the departmental proceeding, the Secretary, Department of Welfare, Government of Jharkhand is directed to issue necessary instructions within four weeks, for fixation and payment of pension and release of gratuity to the petitioner, with interest @ 5% on the aforesaid amount w.e.f. 01.12.2017, as provided under Appendix VI to the Jharkhand Pension Rules, 2000. 5. The writ petition stands allowed, in the above terms.