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shankar.nstl
24-12-2010, 10:18 AM
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 administrative mistake, pay fixations of these people was wrongly fixed at high at their previous promotions 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, 12:28 PM
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 administrative mistake, pay fixations of these people was wrongly fixed at high at their previous promotions 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.

Kanaujiaml
24-12-2010, 07:13 PM
Apparantly, the Management has already corrected the position against which employees have gone to Court. Is there any stay order ? If not, the Management should go ahead and fix the provisional pension and arrange payment of gratuity etc, after due recovery, if any, subject to outcome of the ongoing Court case. In case some Stay order has been given by the Court, the Management should appeal for vacation of the Stay order immediately.

RKPATHAK
24-12-2010, 07:33 PM
Pension shall be calculated at the 50% of last pay drawn. If any revision in pay be there the arrear shall be paid. However no recovery is permissible from pension. For this reason the amount of gratuity is withheld in part or full as the requirement shall be