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In its recent line of judgment the High Court of Allahabad in a writ petition before it observed that “Government servant is not entitled to full pension/death cum-retirement gratuity on/or during pending disciplinary/judicial proceedings”. The bench of Justice Pankaj Mithal, Justice Suneet Kumar and Justice Rohit Ranjan Agarwal observes that the entitlement to full pension /death-cum-retirement gratuity to the government servant is subjected to the outcome of the disciplinary/judicial proceedings and issue of final orders thereon by the competent authority.
The bench in its judgment observed that future good conduct is an implied condition for grant of pension and that full pension is not to be given as a matter of course, or unless the service rendered has been thoroughly satisfactory. The court pointed out that State Government can invoke Article 351 or Article 351-A of the civil services regulations if the pensioner is convicted of serious crime; guilty of grave misconduct or caused pecuniary loss to the government in service.
The HC in its long judgment also laid down that during the Pendency of disciplinary/judicial proceedings on the date of retirement, or instituted after retirement a provisional pension equal to maximum pension as mandated under Article 919-A may be sanctioned to the government servant for the period up to the conclusion of proceedings. Also, No gratuity is payable to the government servant during pendency of disciplinary/judicial proceedings/enquiry by Administrative Tribunal, until conclusion of the proceedings/enquiry and orders being passed thereon by the competent authority. The court in its judgment remarked that the impact on pension or gratuity would arise only after the competent authority had the occasion to consider the matter and after final orders upon the conclusion of the proceedings.
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