Allow Cookies!
By using our website, you agree to the use of cookies
The Apex court on 7th January 2019 granted relief to a Karnataka State Government employee where his pension had been withhold for a long period. This is the case where I K Manik was appointed as In-charge Tutor in the year 1960. Due to departmental enquiries and allegation upon him he was suspended for about 18 years. However the Karnataka Director of Health and Family Welfare revoked his suspension passes an order to reinstate him at the post of Primary Health Teacher.
Subsequently Mr Manik retired from the service in the year 1999. The petitioner before approaching the court went for an appeal under Rule 19 of the Karnataka Civil Services
(Classification, Control and Appeal) Rules, 1957. The Medical Officer, Inglahalli wrote letter to the District Health and Family Welfare Officer informing that pension of Rs. 1075/- permonth was sanctioned and Rs. 35,456/- payable asGratuity was withheld on account of the disciplinaryaction for Mr Manik.
The Petitioner approached the tribunal and later the HC of Karnataka demanding relief for the suspension period – (01.03.1976 - 13.12.1994), which was subsequently dismissed by the tribunal on the ground of delay.
The Apex courts bench comprising of Justice Arun Mishra and Justice Navin Sinha observed that dismissal of petition by tribunal &high court was not acceptable on the ground of delay. The court further said that the employer was required to regularise the suspension period as no punishment in any form was imposed on the appellant and his suspension was subsequently revoked without finding any questions against him.
The court also said after the suspension period was revoked and order for reinstatement was passed without any allegations proved against the employee, the suspension days are to be counted as days spent on duty for the purpose of grant of service benefits available on retirement.The bench also directed the respondent – The Karnataka State Govt to pay the amount due within two months.
86540
103860
630
114
59824