Team  SoOLEGAL

Relief Granted By SC to Employee 'Harassed' By Karnataka Govt. By Withholding Of Pension

Team SoOLEGAL 11 Jan 2019 12:30pm

Relief Granted By SC to Employee 'Harassed' By Karnataka Govt. By Withholding Of Pension

“Once the suspension has been revoked and the incumbent has been reinstated, obviously the period has to be counted as ‘spent on duty’ for the purpose of grant of service benefits are obtainable on retirement.”

The appellant has been harassed by the State of Karnataka as observed in this case that while granting relief by SC to an employee whose pension was withheld by the state.

As an In charge Tutor IK Manik was appointed in the year 1960. He was placed under suspension for about two decades (1976 to 1994). In December 1994, the Director of Health and Family Welfare cancelled the suspension order. Ultimately, he got retired on 31st May, 1999 from his service.

After the withheld of his pension, he approached the tribunal court for seeking in regularization of the period of suspension from 0 March, 1976 to 13 December, 1994 as the period spent on duty, release of pension and other benefits. The plea was dismissed on the ground of delay. The two judge’s bench comprising of Justice Arun Mishra and Justice Navin Sinha held that the tribunal and the HC should not have dismissed his plea.

 The bench observed: “When the appellant retired in the year 1999, it was incumbent upon the respondent-State to regularize the period of suspension by passing the requisite order under the fundamental rules, which was not done. Due to a lapse on the part of the employer this scenario was occurred.” It was required by the employer to regularize the aforesaid period as no punishment was imposed and the appellant kept the aforesaid period under suspension.

 As the prayer was confined from the date of suspension to reinstatement as spent on duty,  the view that once suspension has been revoked and the incumbent has been reinstated, it is mandatory that the period has to be counted as 'spent on duty' for the purpose of grant of service benefits available on retirement.

Lastly, the bench stated that the period should be counted and his retrial dues, pension and other dues payable on retirement have to be worked out. The amount is to be paid to Manik as it was the fault of the state and directed the state that the amount to be payed within two months and report compliance as early as possible.

Tagged: PENSION   SC   SUSPENSION   MANIK   RETIRED  
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