Raj Bahadur Singh Tewatia v. State Of Haryana And ANR
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"# $"% # The jurisdiction of this Court has been invoked under Article 226 of the Constitution of India for issuance of directions to the respondents to take the immediate decision in the matter and to release the retiral dues of the petitioner without any delay with interest @ 18% per annum as allowed vide order dated 31.01.2025 (Annexure P-5). Brief Facts 2.
The petitioner, a retired Additional Excise and Taxation Commissioner, Haryana, superannuated on 31.12.2020 after more than thirty-one years of service, having entered the department in 1989 through the HCS (Executive Branch) Examination and having earned successive promotions.
3.
Despite having no disciplinary, judicial, or vigilance proceedings pending at the time of retirement, none of his retiral or pensionary benefits were released. Nine months later, the State issued a charge sheet dated 05.10.2021 under Rule 7 of the Haryana Civil Services (Punishment and Appeals) Rules, 2016, relating to alleged supervisory lapses of 2012.
4.
The petitioner promptly submitted his reply, asserting that the charge sheet was barred under the Haryana Civil Services (Pension) Rules, 2016( in short referred to as "!$ %& rules 2016". After prolonged silence and reminders, he was granted a personal hearing on 17.05.2023 and also submitted written submissions. Continued inaction led to a legal notice dated 14.07.2024.
5.
Eventually, vide order dated 29.01.2025 (issued on 31.01.2025), the competent authority withdrew the charge sheet and directed release of all retiral dues. However, despite this clear directive and a subsequent reminder dated 28.04.2025, the respondent-authority failed to release the petitioner's pensionary benefits. Aggrieved by the unjustified and prolonged withholding of his dues for over four years, the petitioner has approached this Court seeking a writ of mandamus for immediate release of retiral and pensionary benefits with interest. Contentions On behalf of the petitioner '
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5# !$ %& -.#'C Issue No. 1: Whether the initiation of departmental proceedings vide charge sheet dated 05.10.2021 was legally sustainable in view of the bar contained in Rule 12(2)(b) of the HCS (Pension) (Rules, 2016)? #;
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) 12(2)(b)The departmental proceedings, if not instituted while the Government employee was in service, whether before his retirement, or during his re,employment, (i)shall not be instituted save with the sanction of the Government, (ii)shall not be in respect of any event which took place more than four years before such institution, (iii)and shall be conducted by such authority and at such place as the Government may direct and in accordance with the procedure applicable to departmental proceedings in which an order of dismissal from service could be made in relation to the Government employee during his service.
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) ) # Issue No. 2: Whether withholding of the petitioner's retiral benefits after withdrawal of the charge sheet is permissible under Rule 81 of the HCS (Pension) Rules, 2016?
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81.Provisional pension where proceedings are pending at the time of retirement.―
(1) (a) In respect of a Government employee against whom departmental or judicial proceedings are pending at the time of retirement, the Principal Accountant General (Accounts & Entitlement), Haryana shall authorize the provisional pension equal to the maximum pension which shall have been admissible on the basis of qualifying service up to the date of retirement of the Government employee, or if he was under suspension on the date of retirement, upto the date of immediately preceding the date on which he was placed under suspension.
(b) The provisional pension shall be authorised by the Principal
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Accountant General (Accounts & Entitlement), Haryana during the period commencing from the date of retirement up to and including the date on which, after the concluding of departmental or judicial proceedings. Final orders are passed by the competent authority. (c) No gratuity and commuted value of pension shall be authorised to the Government employee until the conclusion of the departmental or judicial proceedings and issue of final orders thereon. Note.▬ This provision shall also be applicable where─ (i) the departmental proceedings under Rule 8 of Haryana Civil Services (Punishment & Appeal) Rules, 2016 involving any financial loss to Government are pending at the time of retirement. (ii) any complaint against the Government employee pertaining to his dishonesty is pending in State Vigilance Bureau, Lok Ayukat or in any Government Investigation Agency at the time of retirement.
(2) Payment of provisional pension made under sub,rule (1) (a) shall be adjusted against final pensionary benefits sanctioned to such Government employee upon conclusion of such proceedings but no recovery shall be made where the pension finally sanctioned is less than the provisional pension or the pension is reduced or withheld either permanently or for a specified period.
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31. From the discussion three things emerge : (i) that pension is neither a bounty nor a matter of grace depending upon the sweet will of the employer and that it creates a vested right subject to 1972 Rules which are statutory in character because they are enacted in exercise of powers conferred by the proviso to Article 309 and Clause (5) of Article 148 of the Constitution, (ii) that the pension is not an ex gratia payment but it is a payment for the past service rendered; and (iii) it is a social welfare measure rendering socio, economic justice to those who in the hey day of their life ceaselessly toiled for the employer on an assurance that in their old age they would not be left in lurch.
It must also be noticed that the quantum of pension is a certain percentage correlated to the average emoluments drawn during last three years of service reduced to ten months under liberalised pension scheme.
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"pension and gratuity are no longer any bounty to be to the disputed by the Government to its employee on their retirement but have become under the decisions of this Court, valuable rights and
property in their hands and any culpable delay in settlement and disbursement thereof must be visited with the penalty of payment of interest at the current market rate till the actual payment to the employeesG
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3. In case of an employee retiring after having rendered service, it is expected that all the payment of the retiral benets should be paid on the date of retirement or soon thereafter if for some unforeseen circumstances the payments could not be made on the date of retirement. 4.. In this case, there is absolutely no reason or justication for not making the payments for months together. We, therefore, direct the respondent to pay to the appellant within 12 weeks from today simple interest at the rate of 18 per cent with e$ect from the date of her retirement i.e. 31st August, 1997 till the date of payment. -0 9)
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Padmanabhan Nair %)
Vijay L. Mehrotra (supra) ,.
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Meenu Whether speaking/reasoned :Yes/No Whether reportable :Yes/No