Pca
Service
Raj Kumar Hansdah
Shrm, Od, Hrd, Pms

Dear friends,
Supreme Court in its judgement dated 14th August 2013 (copy attached) has held that pension and gratuity cannot be withheld during pendency of departmental/criminal proceedings under executive instructions in the absence of any provision in the pension rules.
The court has held that the right to receive pension is recognised as right to property and a person cannot be deprived of his pension without authority of law which is constitutional mandate in Article 300-A of the constitution. The court has held that executive instructions do not have statutory character and cannot be termed as law within the meaning of Article 300A. [State of Jharkhand v. Jitendra Kumar Srivastava, Civil Appeal No.6770 of 2013 decided on 14th August 2013].
Thanks

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File Type: pdf SC on withholding of pension & gratuity 14.8.2013.pdf (235.2 KB, 1597 views)

Thanks for the contribution !!!
Its a great judgement and must be highly appreciated by all concerned.
It provides relief from misery and hardships to families of innocent employees, which suffer as these cases/proceedings continue for years, after which the ex-employee gets exonerated.
Warm regards.
Sir,
Four Highcourts have given decisions in favour of RRB employees:
- Dictum is "Better Terms" can be give over & above the PGA-1972 or contract between officers/employees.
- It is clarified that there can't be two terms of wages or 'pay' i.e. one for workmen another for officers.
- As per RRB OSR-2010, one month salary for one completed year of service will be paid where DA will be excluded.
- As per RRB OSR-2010, ONE-HALF month 'pay' for > 30 years excluding DA. 45 days in a year . Total no limit as per mutual agreement.
Jabalpur H,C Decision
Excluding DA in Wages for payment of gratuity is arbitrary. Those who are covered under the Payment of Gratuity Act should carefully study the impact of various judgments.
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