S.G. Sharma vs State Of Madhya Pradesh And Others

The case of the petitioner is that he has retired from the post of Professor on 31.07.2005, but the gratuity amount has not been paid till now.

Learned counsel appearing for the petitioner has fairly stated before this Court that criminal case under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act and Section 120-B and 409 of IPC is pending against the petitioner. He has placed reliance upon the order of the Co-ordinate Bench dated 30.04.2019 passed in W.P.No.14706/2018 in the case of (Sohanlal Pal Vs. State of M.P. and others) and has submitted that even if the criminal case is registered against the petitioner, he is entitled to release of 50% of the gratuity amount.

Learned counsel for the State has not disputed the legal position.

The Co-ordinate Bench in the case of Sohanlal Pal (Supra) considering the Rule 64 of the M.P.Civil Services (Pension) Rules, 1976 has held has under:-

"6. The entire claim of the petitioner is based on Rule 64 of the Pension Rules which is reproduced below :

"64. Provisional pension where departmental or judicial proceeding may be pending. - (1) (a) In respect of Government servants refer to in sub-rule (4) of Rule 9 the Head of Office shall authorise the payment of provisional pension not exceeding the maximum pension and 50% of gratuity taking into consideration the gravity of charges levelled against such Government servant, which would have been admissible on the basis of qualifying service up to the date ,of retirement of the Government servant or if he was under suspension on the date of retirement, up to the date immediately preceding the date on which he was placed under suspension.

(b) The provisional pension shall be drawn on establishment pay bill and paid to retired Government servant by the Head of Office during the period commencing from the date of retirement to the date on which upon conclusion of departmental or judicial proceedings, final orders are passed by the competent authority.

(c) Provisional gratuity shall be drawn on establishment pay bill and paid to retired Government servant by the Head of Office after adjusting dues mentioned in sub-rule [(2)] of Rule 60, under intimation to Audi Office. Payment of provisional pension/gratuity made under sub-rule (1) shall be adjusted against final retirement benefit sanctioned to such Government servant upon conclusion of such proceedings, but no recovery shall be made where the pension/gratuity finally sanctioned is less than the provisional pension/gratuity or the pension/gratuity is reduced or withheld either permanently or for a specified period.

Under sub-rule 1(a) of Rule 64, Head of Office may direct for payment of provisional pension not exceeding the maximum pension and 50% of the gratuity taking into consideration the gravity of charges levelled against such Govt.servant referred to in sub-rule (4) of Rule 9 of the Pension Rules. Under sub-rule 1(c) of Rule 64, provisional gratuity shall be drawn and paid to the retired Govt. servant by Head of Office and the same shall be adjusted against final retirement benefit sanctioned to such Govt. servant upon conclusion of such proceedings, but no recovery shall be made where the pension/gratuity finally sanctioned is less than the provisional pension/gratuity or the pension/gratuity is reduced or withheld either permanently or for a specified period.

In view of the above statutory provision, withholding of 50% of the gratuity taking into consideration the gravity of charges levelled against such Govt. servant is permissible. The petitioner is facing criminal case under the P.C. Act, therefore, the charges are grave in nature. The respondents have exercised their discretion and on the basis of gravity of charges but the amount of gratuity only up to 50% can be withheld and under sub-rule 1(c) of Rule 64, said amount paid is not liable to be recovered even if gratuity is reduced or withheld either permanently. Hence, the petitioner is entitled for the release of 50% of the gratuity amount.

So far as amount of full pension is concerned, in absence of any provision like Rule 64 of the Pension Rules, no direction can be given to the respondents for release of the same.

In view of the foregoing discussion, the petition deserves to be and is hereby allowed in part. The respondents are directed to release 50% of the amount of gratuity in favour of the petitioner within a period of three months from the date of receipt of certified copy of this order."

Since the case of the petitioner stands on the same footing, the present writ petition is disposed of by directing the respondents to release 50% of the gratuity amount payable to the petitioner within a period of three months from the date of receipt of certified copy of this order.

C.C. as per rules.