Rajasthan High Court: Withholding Retiral Benefits Due to Pending Criminal Case

The Rajasthan High Court ruled that denying retiral benefits, such as pension and gratuity, solely due to a pending criminal case unrelated to the employee's official duties, violates the fundamental right to life. The petitioner, a librarian with 37 years of unblemished service, faced financial hardship after her retirement in 2022 as her benefits were withheld due to a pending appeal in a family-related criminal case under Section 306, IPC. The court emphasized that such benefits are critical for livelihood post-retirement and ordered the release of provisional pension.

Background of the Case

The petitioner, appointed in 1985, was involved in a family dispute that led to her conviction for abetment to suicide in 2000. An appeal against this conviction was pending when she retired, prompting the government to withhold her retirement benefits. Despite her request for provisional pension, the department ignored her plea, leading to the present petition.

Court's Rationale

The court examined the Rajasthan Civil Services (Pension) Rules, 1996, particularly Rule 90, which allows for provisional pension when judicial or departmental proceedings are pending. The court clarified that "judicial proceedings" referred to cases connected to official duties, not unrelated personal matters. It also cited prior rulings that supported the petitioner’s entitlement to her benefits despite the unrelated criminal case.

Key Legal Precedents

The court referred to two important precedents:

1. Mahesh Chandra Soni v. State of Rajasthan: This case ruled that pension and gratuity cannot be withheld for proceedings unrelated to official duties.
2. H.R. Choudhary v. Central Administrative Tribunal: This case emphasized that withholding full pension based on an unrelated criminal conviction was arbitrary and illegal.

Conclusion

The court ruled that the petitioner should receive her provisional pension, acknowledging her long service and the fact that the criminal case had no connection with her job. The ruling reinforced that post-retirement benefits are essential for the livelihood of retirees and cannot be unjustly withheld based on unrelated judicial proceedings.

Court Practice Community

WhatsApp Group Invite

Join WhatsApp Community