Dear Sir,
My father was arrested 9 months before his retirement date due to a vigilance anti-corruption case in 2009. Until now, he has not received his pension and gratuity. Is he eligible for that as a state government employee?
From India, Bengaluru
Acknowledge(0)
Amend(0)
My father was arrested 9 months before his retirement date due to a vigilance anti-corruption case in 2009. Until now, he has not received his pension and gratuity. Is he eligible for that as a state government employee?
From India, Bengaluru
Acknowledge(0)Amend(0)
Suspension and Allowance Under the Prevention of Corruption Act
The moment your father was arrested under the Prevention of Corruption Act, 1988 in 2009, he would have been immediately placed under suspension under the State Civil Services (Discipline and Appeal) Rules and paid a subsistence allowance at the admissible rate.
Retirement and Pending Vigilance Case
When he attained the age of superannuation after some time, he would not have been permitted to retire in view of the pending vigilance case; instead, he would have been paid a subsistence allowance at half the rate of his normal pension.
Pension and Gratuity Eligibility
Whether he would receive his pension and gratuity depends on the verdict of the criminal case instituted against him. If he is convicted, no terminal benefits would be granted.
From India, Salem
Acknowledge(0)Amend(0)
6108The moment your father was arrested under the Prevention of Corruption Act, 1988 in 2009, he would have been immediately placed under suspension under the State Civil Services (Discipline and Appeal) Rules and paid a subsistence allowance at the admissible rate.
Retirement and Pending Vigilance Case
When he attained the age of superannuation after some time, he would not have been permitted to retire in view of the pending vigilance case; instead, he would have been paid a subsistence allowance at half the rate of his normal pension.
Pension and Gratuity Eligibility
Whether he would receive his pension and gratuity depends on the verdict of the criminal case instituted against him. If he is convicted, no terminal benefits would be granted.
From India, Salem
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Gratuity Orissa Mining Case.pdf
Case Law on Gratuity.doc