Lawfarm Team
in Civil Law Administrative Law
Asked May 25, 2016

Non payment of Pension to Government Employee

  • 1 Answer
  • 315 Views

After repeated requests and reminders, the Central Government has not paid the pension. Will the case be filed before the High Court or the Central Administrative Tribunal for the payment of the pension and compensation for mental harassment?

Answer 1

Pension or post retirement benefits are supposed to be granted to every citizen. It has been considered a part of Right to Property and hence guaranteed under Constitution.  Granting of Pension is regulated by the Ministry of Personnel, Public Grievances and Pensions and the rules formulated by them which are known as CCS(Pension) Rules, 1972. The President, under Rule 9 of the said CCS(Pension) Rules have the authority to withheld or withdraw pension if the employee has been convicted of any offence committed during his course of employment. [1] The President’s right is absolute. However, he can only do so if the employee or ex-employee has been convicted and not simply if any criminal or departmental proceedings are pending against him. This principle was laid down in the case of Sh. Lakhi Ram vs Commissioner[2], decided by the Central Administration Tribunal of Delhi. The Supreme Court has held that pension is not a bounty but has been earned by the hard work of the employee and therefore he is entitled to its complete enjoyment. Reiterating the stand above, the SC held that during the pendency of any trial, the State, by any executive order cannot withhold the pension. This was in appeal to a case of Jharkhand where the employee was not given his pension as there were proceedings against him.[3] Thus, even if there are proceedings against you in CVC or elsewhere, you are still entitled to pension. In addition to this, the Central Administrative Tribunal has the jurisdiction to provide compensation and award damages. This is provided in the Administrative Tribunals Act, 1985 where service matters also covers remuneration including pension[4] and Section 22 of the Act has given the Tribunals the power similar to the Civil Courts to try the matters which it covers. In addition to it in the case of  Pravin Kumar Kulshrestha vs. Union of India and Ors. The CAT, Delhi awarded interest on delayed payment of pension though the original plea was dismissed. There are numerous other cases where the CAT has awarded compensation or directed the payment of pension. Thus, you do not need to approach the Civil Court, the CAT, Kolkata will have the jurisdiction to handle such cases. [1] http://persmin.nic.in/pension/rules/pencomp2.htm#Scope of the expression 'grave misconduct' [2] https://indiankanoon.org/doc/8828211/ [3] http://www.thehindubusinessline.com/news/right-to-pension-cannot-be-taken-away-pending-proceedings-apex-court/article5041602.ece [4] Section 3(p) (1) of the Administrative Tribunal Act, 1985     Researcher - Shruthee Mishra 
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