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shankar.nstl
23-12-2010, 08:57 PM
Please clarify the eligibility of superannuation pension if an employee is filed a civil case against the management. Please provide the rule position. Explain in detailed.

Kanaujiaml
23-12-2010, 09:42 PM
Dear friend. By filing a civil suit in a Court of law you donot loose anything out of your status as employee. Your entitlements remain intact.

shankar.nstl
24-12-2010, 10:12 AM
Thank you very much for responding sir,

In my office, I am dealing with Pension cases. One person of Group C employee is due for retirement on next year August. Usually I carry out the necessary work 8 months in advance. Meanwhile, he filed a case along with some other victims against management. The reason is, due to some mistake these pay fixations were wrongly fixed at high at their previous promotions at years back and now management realised and started recovery. They are against the recovery and gone to court of law.

In this case, is he eligible to get his superannuation pension while the proceedings are pending. here my doubt is the case was filed by him and not from the management side.

Please clarify in detail and provide rule position.

tvenkatam
24-12-2010, 12:27 PM
Thank you very much for responding sir,

In my office, I am dealing with Pension cases. One person of Group C employee is due for retirement on next year August. Usually I carry out the necessary work 8 months in advance. Meanwhile, he filed a case along with some other victims against management. The reason is, due to some mistake these pay fixations were wrongly fixed at high at their previous promotions at years back and now management realised and started recovery. They are against the recovery and gone to court of law.

In this case, is he eligible to get his superannuation pension while the proceedings are pending. here my doubt is the case was filed by him and not from the management side.

Please clarify in detail and provide rule position.

Dear Friend,

Irrespective of the fact as to who had filed the civil suit, the Government servant is entitled to the retirement benefits based on the pay as applicable/ruling at the time of retirement in accordance with the rules. If there is any excess payment due for recovery as on the date of retirement, proportionate amount of gratuity may be withheld from release.

RKPATHAK
24-12-2010, 07:36 PM
Pension cannot be withheld. Only provision is to grant provisional pension @ 50% of last pay drawn

jarunan
02-03-2011, 08:17 AM
Dear Sirs,

I need a clarification. I joined service in 1981 as a government employee. The department was converted into a corporation in 1987. I joined the corporation in 1998 taking a pro-rata pension after completing 19 years of service. (The pension amount is around Rs. 3000/-) In 2006 I was deputed to a government of india organisation as a secondment case. I have been getting the corporation salary during this period. If I am given a chance to be absorbed in the GOI department, then can I get back the full pension? I am ready to surrender back the pension (this was not attracting DA as I was re-employed) I have drawn. What are the provisions available. Can some one please clarify? Regards.