MADHYA PRADESH CIVIL SERVICES PENSION RULES

Rule 9

Pensionary benefits to be paid - Denial of - No mention of any punishment imposed upon petitioner after conducting a departmental enquiry neither there were any ascertainable Government dues -

Petitioner was working as an assistant engineer in Public Works Department and he retired from service on 31-7-2013. After his retirement, he was not paid pensionary benefits i.e. gratuity, leave encashment, etc. He made a representation before competent authority for payment of his pensionary benefits on 23-8-2013. He also made various applications under Right to Information Act. Being aggrieved by non-payment of his pensionary benefits, he filed instant writ petition before Court. Held: As per Madhya Pradesh Civil Services Pension Rules, enabling provision to withhold or to withdraw pension has been provided in Rules 9, 64 and 65. In case of petitioner, no departmental enquiry was conducted neither petitioner was held to be guilty for causing any loss to the State Government. In any department, recovery and adjustment of Government dues can be made if the government servant does not clear the Government dues and such dues are ascertainable. There was no mention of any punishment imposed upon petitioner after conducting a departmental enquiry neither there were any ascertainable Government dues. In absence of same, competent authority could not withhold pension of petitioner. Writ petition was allowed and competent authorities were directed to clear dues of petitioner.

REFERRED :

FAVOUR : In petitioner's favour

A.Y. :

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