NON-PAYMENT OF PENSION DUE TO PENDENCY OF DISPLINARY PROCEEDINGS
Posted on April 3, 2024
Remedies available for non-payment of pension due to pending disciplinary proceedings:
When pension payments are withheld due to pending disciplinary proceedings, there are several potential remedies available, depending on the circumstances and the applicable laws:
- Representation: The pensioner can make representations to the concerned authorities, such as the pension sanctioning authority or the disciplinary authority, explaining their case and requesting the release of the pension.
- Legal Action: If representations are not effective, the pensioner can consider taking legal action. This may involve filing a writ petition or a civil suit, seeking a direction from the court to release the pension.
- Administrative Review: In some cases, the pensioner may request an administrative review of the decision to withhold the pension. This could involve a review by a higher authority within the department or organization.
- Stay Order: The pensioner may also seek a stay order from the court, preventing the authorities from withholding the pension pending the outcome of the disciplinary proceedings.
- Appeal: If the disciplinary proceedings result in an adverse decision, the pensioner can appeal against it. If successful, this may lead to the release of the withheld pension.
If the disciplinary proceedings conclude without proving the charges, the remedies available to the pensioner would depend on the specific circumstances and applicable laws. Here are some potential remedies:
- Release of Pension: Once the charges are not proved, the pension should be released promptly, along with any arrears that may have accrued during the period of withholding.
- Compensation: The pensioner may be entitled to compensation for any financial losses suffered due to the non-payment of pension, such as interest on the withheld amount or other damages.
- Reinstatement: In cases where the pensioner was suspended pending the disciplinary proceedings, they may be reinstated to their former position or provided with an equivalent position, along with any associated benefits.
- Legal Action: If the pension is not released or if the pensioner is not adequately compensated, they may consider taking legal action. This could involve filing a writ petition or a civil suit seeking appropriate relief.
- Administrative Review: The pensioner may also request an administrative review of the decision to withhold the pension, especially if there are concerns about the fairness of the proceedings.
Here are a few key judgments relating to the release of pension in India:
- 1983 AIR 130 – D.S. Nakara & Others vs. Union of India (1983): The Supreme Court held that pension is a right and not a bounty. It cannot be withheld except as provided under the relevant rules. The judgment emphasized that pension is not a mere charity from the employer but is a reward for past service rendered.
- 1976 AIR 667 – State of Punjab & Others vs. Iqbal Singh (1976): The Supreme Court held that the pensionary benefits are not liable to be withheld on the ground that departmental or judicial proceedings are pending against the pensioner. The pension is not a recompense for the past but is earned salary.
- Vijay Kumar Sharma vs. Union of India (2019): The Delhi High Court held that the pension cannot be withheld indefinitely merely because a departmental inquiry is pending. There must be a valid rule or law empowering the withholding of pension for a specific period or under specific circumstances.
- 1971 AIR 40 – J.N. Sinha vs. Union of India (1971): The Supreme Court held that the right to receive pension is not conditional upon the departmental inquiry or criminal proceedings. Pension is a right accrued to a government servant for the service rendered by him to the State.
- 1995 AIR 2272 – D. Gopalan vs. Government of Kerala (1995): The Kerala High Court held that the mere fact that a departmental inquiry is pending against a pensioner does not authorize the withholding of pension. The pensioner is entitled to receive his pension promptly after retirement unless there is a valid order to the contrary.
These judgments emphasize the importance of pension as a right accrued to government employees and highlight that it should not be withheld except as provided by law.
Article Written by
Pathakota Venkata Mohana Rao B.Com, LL.M
Advocate at High Court of Andhra Pradesh and Telangana
Designated Partner at VENSO LAW OFFICES LLP
Office No: +91 967 967 6450
E-mail ID: vensolawofficesllp@gmail.com
