Post covers Denial of Retirement Benefits by High Court case wherein department withheld amount without any reason and refused to pay interest when it was released. Even though the law is settled on this issue but we see on many occasions government departments being indulged into such practice. Even poor financial condition of state can … Read more
This post is a summary of judgment wherein Petition herein is seeking issuance of a writ in the nature of mandamus directing the respondents to release dues and other admissible service benefits like family pension, gratuity, leave encashment, GPF and GIC, etc. of late Sh. Nirlep Singh. The Court held, “Without commenting on the merits of … Read more
The Chandigarh Bench of the Central Administrative Tribunal (CAT) has actively ordered the release of retiral benefits, including pension and gratuity, for retired officers when no disciplinary or criminal proceedings are pending, often directing payment with 6% interest within two months. The tribunal has ruled that withholding benefits, especially for non-payment of GST, is illegal, … Read more
High Courts and the Supreme Court generally rule that new disciplinary proceedings cannot be initiated against an employee after retirement, but existing ones started before retirement can continue, with a key focus on when a formal charge sheet (not just a show cause notice) was issued. Pension recovery is restricted, usually requiring proof of grave misconduct/fraud causing government loss, while … Read more
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