When an employee is retiring and there is a departmental or judicial case pending against them, resulting in the need for provisional pension calculation, the process typically involves specific steps to ensure fairness and compliance with relevant regulations. In the context of Ahmedabad, India, where this query originates, the calculation of provisional pension is guided by established labor laws and policies.
Steps to Calculate Provisional Pension in a Pending Case:
1. Assessment of Eligibility: The department first assesses the eligibility of the employee for provisional pension based on the nature of the pending case and the applicable laws.
2. Determination of Provisional Amount: The provisional pension amount is calculated based on the employee's service years, average salary, and other relevant factors as per the pension rules.
3. Interim Payment Setup: Once the provisional amount is determined, the department sets up a system to make interim payments to the employee until a final decision is reached on the pending case.
4. Regular Review: Regular reviews are conducted to ensure that the provisional pension amount remains accurate and up to date as the case progresses.
5. Final Adjustment: Upon the resolution of the case, whether in favor of the employee or the department, the final pension amount is adjusted accordingly based on the outcome.
It is crucial for the department to adhere to the legal framework and internal policies while calculating provisional pension to safeguard the rights of both the employee and the organization. Seeking guidance from legal experts or pension administrators can provide further clarity on the specific calculations and procedures involved in such cases.