NARESH PRASAD SINGH vs STATE OF JHARKHAND & ANR.

The prayer which survives in the writ petition is for payment of post-retiral benefits to the petitioner.

In the counter-affidavit, the respondents have disclosed that all admissible post-re(cid:39)ral benefits except gratuity and pension have been paid

to the petitioner.

For withholding gratuity and pension of the pe(cid:39)(cid:39)oner, ini(cid:39)a(cid:39)on of departmental proceeding by an order dated 21.02.2018 has been taken

as a ground. In “State of Jharkhand & Ors. Vs. Jitendra Kumar Srivastava & Anr.†(2013) 12 SCC 210, the issue whether during pendency of

the departmental proceeding post-re(cid:39)ral benefits of an employee can be withheld has been authorita(cid:39)vely decided by the Supreme Court.

 It has been held that pendency of the departmental proceeding is not a ground to withhold post-re(cid:39)ral benefits accrued to the pe(cid:39)(cid:39)oner.Â

Pension and gratuity which is pension as provided under Rule 35 of the Jharkhand Service Code, 2001, can be withheld or withdrawn on

conclusion of the departmental proceeding only when a finding is recorded that the employee has commi(cid:63)ed grave misconduct in discharge

of his duty while in service. Pension and other post-re(cid:39)ral benefits payable to an employee are akin to right to property under Ar(cid:39)cle 300A

of the Cons(cid:39)tu(cid:39)on of India and it cannot be withheld or forfeited by an execu(cid:39)ve order, but only in accordance with law, has since long been

declared by the Supreme Court in “Deokinandan Prasad Vs. State of Bihar & Anr.â€​ (1971) 2 SCC 330.

 4. In view of the law on the subject which does not permit the employer to withhold post-re(cid:39)ral benefits of an employee merely on the

ground of ini(cid:39)a(cid:39)on/pendency of the departmental proceeding, the Secretary, Department of Welfare, Government of Jharkhand is directed to

issue necessary instruc(cid:39)ons within four weeks, for fixa(cid:39)on and payment of pension and release of gratuity to the pe(cid:39)(cid:39)oner, with interest @

5% on the aforesaid amount w.e.f. 01.12.2017, as provided under Appendix VI to the Jharkhand Pension Rules, 2000.Â

The writ petition stands allowed, in the above terms.    Â