Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Case Number
Attorney(S)
Judges
Acts
  • Rule 69 of Central Civil services (Pension) rules, 1972 (hereinafter referred to as CCS Rules)
  • Rule 16 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965,
  • Section 498(A) of Indian Penal Code,
  • Clauses (i)(ii) and (iv) of Rule 11
  • sub-rule (4) of Rule 9,
  • sub-rule (1)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Case Number
Attorney(S)
Judges
Acts
  • Rule 69 of Central Civil services (Pension) rules, 1972 (hereinafter referred to as CCS Rules)
  • Rule 16 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965,
  • Section 498(A) of Indian Penal Code,
  • Clauses (i)(ii) and (iv) of Rule 11
  • sub-rule (4) of Rule 9,
  • sub-rule (1)
Smart Summary

Factual and Procedural Background

The applicant was due to retire on 29.02.2016 but was informed by an order dated 17.07.2015 that due to a pending criminal case against him, gratuity would not be paid during the pendency of departmental or judicial proceedings. It was also communicated that commutation on provisional pension would not be payable during this period. The applicant challenged this withholding of gratuity and pension payments.

Legal Issues Presented

  1. Whether gratuity and regular pension can be withheld during the pendency of departmental or judicial proceedings against a government servant under the Central Civil Services (Pension) Rules, 1972.
  2. Whether the Supreme Court's ruling in State of Jharkhand v. Jitendra Kumar Shrivastava (2013) 12 SCC 210, which held that pension and gratuity are property and cannot be withheld without due process of law, applies to the facts of this case.
  3. Whether the impugned order withholding gratuity and regular pension during the pendency of a criminal case under Section 498(A) IPC is justified.

Arguments of the Parties

Applicant's Arguments

  • The applicant relied on the Supreme Court judgment in State of Jharkhand v. Jitendra Kumar Shrivastava to argue that pension and gratuity are earned benefits and cannot be withheld without due process of law.
  • The applicant contended that the criminal case under Section 498(A) IPC pertains to his personal capacity and is unrelated to his official duties, and therefore, gratuity and pension should not be withheld.

The opinion does not contain a detailed account of the respondents' legal arguments.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
State of Jharkhand v. Jitendra Kumar Shrivastava, (2013) 12 SCC 210 Pension and gratuity are property and cannot be taken away without due process of law. The court acknowledged the principle but distinguished it on the basis that the CCS (Pension) Rules specifically provide for withholding gratuity and pension during pending proceedings, unlike the Bihar Pension Rules considered in the precedent.

Court's Reasoning and Analysis

The court examined the provisions of Rule 69 of the Central Civil Services (Pension) Rules, 1972, which explicitly allow withholding of gratuity and payment of provisional pension during the pendency of departmental or judicial proceedings. The court noted that the Supreme Court's ruling in Jitendra Kumar Shrivastava arose in the context of the Bihar Pension Rules, which lacked such specific provisions. Therefore, the court held that the applicant was not entitled to gratuity or regular pension during the pendency of the criminal case under Section 498(A) IPC. The impugned order dated 17.07.2015 was found to be in accordance with the applicable rules and hence justified. The court declined to direct release of retiral dues or regular pension while the criminal proceedings were ongoing.

Holding and Implications

The Original Application is dismissed with no order as to costs.

The decision directly upholds the impugned order withholding gratuity and regular pension during the pendency of judicial proceedings under the CCS (Pension) Rules, 1972. No broader precedent beyond the application of existing rules was established. The ruling clarifies that the Supreme Court precedent cited by the applicant does not override specific statutory provisions allowing withholding of pension benefits during ongoing proceedings.

    Heeralal Yadav v. Union Of India

    2. The learned counsel for the applicant submitted that the applicant is due to retire on 29.02.2016. However he has been informed vide the impugned order dated 17.07.2015 (Annexure A-1) that in view of criminal case pending against him he shall not be paid gratuity on retirement, during pendency of departmental/judicial proceedings. It has further been informed that there is no provision of payment of commutation on provisional pension which shall be paid to him during pendency of judicial proceedings against him.

    3. Learned counsel for the applicant submitted that this issue has been settled by Hon'ble Supreme Court, by their judgment in the matters of State of Jharkhand v. Jitendra Kumar Shrivastava, (2013) 12 SCC 210 wherein, it has been held that pension and gratuity are not bounty but property and such earned benefits cannot be taken away without complying with due process of law. Therefore, respondents cannot withhold gratuity and regular pension of the applicant during pendency of judicial proceedings, which pertain to a criminal case under Section 498(A) of Indian Penal Code, and thus in regard to a case in personal capacity of the applicant which has nothing to do with his official duties.

    4. Heard the learned counsel for the parties and perused the pleadings of the respective parties and documents annexed therewith.

    5. The provision of withholding of gratuity and payment of provisional pension is provided under Rule 69 of Central Civil services (Pension) rules, 1972 (hereinafter referred to as “CCS Rules”) which is reproduced as under:—

    ‘69. Provisional pension where departmental or judicial proceedings may be pending

    1(a) In respect of a Government servant referred to in sub-rule (4) of Rule 9, the Accounts Officer shall authorize the provisional pension equal to the maximum pension which would have been admissible on the basis of qualifying service up to the date of retirement of the Government servant, or if he was under suspension on the date of retirement up to the date immediately preceding the date on which he was placed under suspension.

    (b) The provisional pension shall be authorized by the Accounts Officers during the period commencing from the date of retirement up to and including the date on which, after the conclusion of departmental or judicial proceedings, final orders are passed by the Competent Authority.

    (c) No gratuity shall be paid to the Government Servant until the conclusion of the departmental or judicial proceedings and issue of final orders thereon;

    Provided that where departmental proceedings have been instituted under Rule 16 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, for imposing any of the penalties specified in Clauses (i)(ii) and (iv) of Rule 11 of the said rules, the payment of gratuity shall be authorized to be paid to the Government servant.

    (2) Payment of provisional pension made under sub-rule (1) shall be adjusted against final retirement benefits sanctioned to such Government servant upon conclusion of such proceedings but no recovery shall be made where the pension finally sanctioned is less than the provisional pension or the pension is reduced or withheld either permanently or for a specified period.’

    Thus there is specific provision under the CCS Rules to pay provisional pension in place of regular pension and withhold the gratuity and payment of regular pension until the final conclusion of the departmental or judicial proceedings. Thus, the applicant does not get any benefit by Jitendra Kumar Shrivastava (Supra), as there is specific provision in rules for withholding of gratuity and regular pension, as against absence of such rules in Bihar Pension Rules, 1950, the reason for which Hon'ble Supreme Court held that pension and gratuity cannot be taken away without complying with due process of law.

    6. Since in case of CCS Rules the specific provision is there for withholding of gratuity as well as regular pension, I do not find any fault with the impugned order dated 17.07.2015 (Annexure A-1). Thus there is no justification for issuing a direction to release all retiral dues and regular pension to the applicant on his superannuation, when criminal case is still pending against him.

    7. In view of it, the Original Application is dismissed with no order on costs.

    Use AI to get other relevant cases.

    Comments

    Heeralal Yadav v. Union Of India
    (Jan 29, 2016)