Pension is constitutional right, cannot be withheld indefinitely
Patna, Sep 28 (UNI) The Patna High Court has held that pension benefits of a retired government employee cannot be withheld indefinitely through prolonged departmental proceedings and observed that pension constitutes a right to property protected under Article 300-A of the Constitution.
The ruling came in the case of retired Assistant Engineer Mahendra Ram of the Bihar Water Resources Department, whose retirement benefits remained partly withheld for years following disciplinary proceedings relating to an alleged illegal withdrawal of Rs 48,000. Justice Purnendu Singh, while hearing the matter, took serious note of the prolonged delay in concluding the departmental proceedings and observed that an unexplained and continuing delay in determining the retiral dues of a government employee can cause serious mental agony as well as financial hardship.
The court directed the State authorities to conclude the pending proceedings within six weeks. It further ordered that if the State failed to complete the proceedings within the stipulated period, the disciplinary proceedings would stand terminated, according to the order.
In such an eventuality, the authorities have been directed to release Ram's pending retirement benefits, including his full pension, gratuity, and leave encashment, within a further period of two weeks. Ram had retired from government service in April 2020. Proceedings had been initiated against him in connection with the alleged withdrawal of Rs 48,000 from government funds.
According to the case put forward before the court, subsequent departmental inquiry did not establish that Ram had committed the alleged financial irregularity. The responsibility for the withdrawal was attributed to an Account Clerk, against whom disciplinary action was subsequently taken.
Despite the proceedings, Ram was granted only 90 per cent of a provisional pension, while the final determination of his retirement benefits remained pending. The court emphasised that a pension is not a bounty or a discretionary payment dependent solely on the will of the government, but a legally protected entitlement of a retired public servant.
The ruling also underscores the requirement for the State authorities to act within a reasonable and legally permissible period while dealing with disciplinary proceedings having a direct bearing on an employee's retirement benefits.
UNI XC RS RSA
