2020 (5) TMI 124 - HC - Indian Laws

Outstanding pensionary benefits - Petitioner was working as Assistant Engineer in Public Works Department and he retired from service on 31.07.2013 but after his retirement, petitioner was not paid pensionary benefits i.e. gratuity, leave encashment, FBF, GIC, GPF - HELD THAT - Pensionary benefits of petitioner has not been paid by the respondents. As per Madhya Pradesh Civil Services Pension Rules, enabling provision to withhold or to withdraw pension has been provided in Rules 9, 64 and 65. In the case of petitioner, no departmental enquiry was conducted neither petitioner was held to be guilty for causing any loss to the State Government. In any department, recovery and adjustment of Government dues can be made if the government servant does not clear the Government dues and such dues are ascertainable. Ascertainable Government dues have been defined in Explanation to Rule 65, which includes balance of housing, building or convenience advance, arrears of rent and other charges pertaining to occupation of Government accommodation, over payment of pay and allowances and arrears of income tax deductible at source under Income Tax Act, 1961. There is no mention of any punishment imposed upon the petitioner after conducting a departmental enquiry neither it has been stated by the respondents that dues are ascertainable Government dues. In absence of same respondents cannot withhold the pension of the petitioner. Writ petition filed by the petitioner is allowed and respondents are directed to clear the dues of the petitioners within period of 45 days from receipt of order passed by this Court today

Summary

Issues:
Non-payment of pensionary benefits to a retired Assistant Engineer by the State Government.

Analysis:
The petitioner, a retired Assistant Engineer, was not paid pensionary benefits after his retirement on 31.07.2013, including gratuity, leave encashment, FBF, GIC, GPF. The petitioner made representations and filed RTI applications to inquire about the non-payment of his benefits. The State Government alleged that the petitioner had started projects without proper sanction, made payments from funds to contractors, causing a loss to the Government Treasury. An amount of ?30,44,947 was claimed to be owed by the petitioner to the State Government, leading to the withholding of his pensionary benefits.

The respondents argued that the petitioner's actions led to financial irregularities, and recovery of the claimed amount was necessary. They provided details of various payments made by the petitioner for different projects without proper authorization. The respondents contended that the petitioner was aware of the reasons for withholding his pension, as multiple communications were sent to him without any response. They claimed that the recovery of dues was justifiable under the Madhya Pradesh Civil Services Pension Rules.

The Court examined the provisions of Rules 9, 64, and 65 of the Madhya Pradesh Civil Services Pension Rules, which allow for the withholding or withdrawal of pension in cases where government dues are not cleared by the employee. The concept of ascertainable Government dues was discussed, including various types of dues that can be recovered from an employee's pension. The Court noted the absence of any departmental enquiry or formal punishment imposed on the petitioner, as well as the lack of clarity regarding whether the claimed amount constituted ascertainable Government dues.

Consequently, the Court found that the respondents had not provided sufficient justification for withholding the petitioner's pensionary benefits. The Court ruled in favor of the petitioner, directing the respondents to clear the dues within 45 days from the date of the order.