Withholding Gratuity Of Retired Class III Employee Without Any Pre-Retirement Inquiry Deemed Illegal: Chhattisgarh HC
2 months ago

Withholding Gratuity Of Retired Class III Employee Without Any Pre-Retirement Inquiry Deemed Illegal: Chhattisgarh HC

Live Law  

Chhattisgarh High Court: A division bench of Justices Ramesh Sinha and Ravindra Kumar Agrawal held that the State cannot withhold gratuity from a retired Revenue Sub-Inspector without any prior departmental inquiry. Following State of Punjab v. Rafiq Masih, the court ruled that recovery from Class III employees post-retirement is illegal unless proceedings were initiated before superannuation. Citing State of Punjab v. Rafiq Masih, 4 SCC 33, she argued that recovery from Class III employees after their retirement is impermissible, unless specific conditions are met. Thus, the court ruled that the State's failure to commence an inquiry or issue a show-cause notice before Tiwari's superannuation, rendered the recovery order unlawful.

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History of this topic

Karnataka High Court rules employer can't forfeit gratuity without recovery proceedings
2 months ago

Karnataka High Court rules employer can't forfeit gratuity without recovery proceedings

Hindustan Times  

The Karnataka High Court has ruled that an employer cannot withhold or forfeit the gratuity of a dismissed employee unless proceedings for the recovery of alleged losses have been initiated against them. Karnataka High Court Justice Suraj Govindaraj made this observation in a recent order while rejecting a plea by the Central Warehousing Corporation, which had challenged an order passed …

Recovery Of Excess Pension Payments From Retired Class-III Employee Impermissible: Patna HC
2 months, 2 weeks ago

Recovery Of Excess Pension Payments From Retired Class-III Employee Impermissible: Patna HC

Live Law  

Patna High Court: A Single Judge Bench consisting Justice Purnendu Singh allowed a writ petition that challenged the recovery of excess pension payments made to a retired Central Industrial Security Force Sub-Inspector. Following State of Punjab v. Rafiq Masih, the court ruled that recovery of excess payments from Class-III employees is impermissible when the error is administrative and not due …

Recovery From Class III Employee Post-Retirement Illegal Without Misrepresentation Or Fraud: MP HC
3 months, 1 week ago

Recovery From Class III Employee Post-Retirement Illegal Without Misrepresentation Or Fraud: MP HC

Live Law  

Madhya Pradesh High Court : A single judge bench of Justice Anil Verma set aside a recovery order against a retired Class III employee, Hari Shankar Soni. Arguments The petitioner argued that the recovery order was contrary to the Supreme Court's ruling in State of Punjab v. Rafiq Masih SC 696), as the ruling prohibits recoveries from retired Class III …

Recovery Of Excess Payments Made To Retired Employee, Without Fraud Or Misrepresentation On Their Part, Is Impermissible : Calcutta High Court
3 months, 2 weeks ago

Recovery Of Excess Payments Made To Retired Employee, Without Fraud Or Misrepresentation On Their Part, Is Impermissible : Calcutta High Court

Live Law  

A division bench of the Calcutta High Court comprising of Justice Harish Tandon and Justice Prasenjit Biswas, while deciding an appeal held that recovery of alleged excess payments made to a retired employee, without fraud or misrepresentation on their part, is impermissible. The case of Thomas Denial vs. State of Kerala was relied upon by the court, wherein the Supreme …

Illegal To Withhold Employee's Pension, Gratuity Particularly When Already Enrolled In An Old Pension Scheme: Rajasthan High Court
1 year, 4 months ago

Illegal To Withhold Employee's Pension, Gratuity Particularly When Already Enrolled In An Old Pension Scheme: Rajasthan High Court

Live Law  

The Rajasthan High Court recently directed a Municipal Corporation to release an employee's pension and gratuity payments holding that withholding such benefits was illegal, unjust and arbitrary. Justice Anoop Kumar Dhand added that the Corporation asking him to choose between the New Pension Scheme and Old Pension Scheme, given the petitioner's prior enrolment in the Old Pension Scheme was. Justice …

Calcutta High Court Directs State-Owned Corporation To Refund Overdrawn Amount Deducted From Group C Employee's Retiral Benefits
1 year, 11 months ago

Calcutta High Court Directs State-Owned Corporation To Refund Overdrawn Amount Deducted From Group C Employee's Retiral Benefits

Live Law  

The Calcutta High Court recently directed the State Government to pay the overdrawn amount to a Group ‘C’ employee which was recovered post his retirement on the ground that the said recovery by the employers was in violation of the ratio laid down by the Supreme Court in the State of Punjab and Ors. The Counsel appearing for the petitioner, …

Financial Burden On State A Valid Ground To Fix Cut­ Off Date For Purpose Of Payment Of Revision Of Pension: Supreme Court
2 years, 6 months ago

Financial Burden On State A Valid Ground To Fix Cut­ Off Date For Purpose Of Payment Of Revision Of Pension: Supreme Court

Live Law  

Upholding Rule 3 of the Tripura State Civil Services Rules, the Supreme Court observed that the financial burden on the State can be a valid ground to fix a cut­ off date for the purpose of payment of revision of pension.The bench comprising Justices MR Shah and BV Nagarathna set aside the judgment passed by Tripura High Court that had …

Forfeiting Gratuity A Yr After Compulsory Retirement An Afterthought: Gujarat HC Orders Payment To Ex-Employee Accused Of Causing Monetary Loss To Bank
2 years, 9 months ago

Forfeiting Gratuity A Yr After Compulsory Retirement An Afterthought: Gujarat HC Orders Payment To Ex-Employee Accused Of Causing Monetary Loss To Bank

Live Law  

The Gujarat High Court recently came to the rescue of a retired Branch Manager, accused by the employer-bank of causing it monetary loss by haphazardly sanctioning loans, and ordered the latter to clear the former's retiral dues.Justice Biren Vaishnav observed that the order forfeiting the Respondent-employee's gratuity was an "afterthought" as the same was issued only after the penalty. The …

State Can Withhold DCRG Benefits Of Convicted Employee Despite Pendency Of Criminal Appeal: Supreme Court Sets Aside Kerala HC Full Bench Judgment
3 years ago

State Can Withhold DCRG Benefits Of Convicted Employee Despite Pendency Of Criminal Appeal: Supreme Court Sets Aside Kerala HC Full Bench Judgment

Live Law  

The Supreme Court has held that pendency of the appeal by a convicted employee cannot disentitle the State from withholding the his Death-cum Retirement Gratuity.The bench comprising Justices Sanjay Kishan Kaul and MM Sundresh set aside the judgment of a Full bench of Kerala High Court which held that the recovery under Rule 3 of the Kerala Service Rules could …

Don’t Force Govt Employees To Approach Court Claiming Gratuity: SC Tells State [Read Judgment]
6 years, 11 months ago

Don’t Force Govt Employees To Approach Court Claiming Gratuity: SC Tells State [Read Judgment]

Live Law  

It is the duty of the state to voluntarily pay the gratuity amount, the bench observed.In a huge relief to a retired government employee who fought in courts for many years, against the employer-government which denied his legitimate claim for gratuity, the Supreme Court has directed the state to pay it within three months.The bench comprising of Justice RK Agrawal …

Don’t Force Govt Employees To Approach Court Claiming Gratuity: SC Tells State [Read Judgment]
6 years, 11 months ago

Don’t Force Govt Employees To Approach Court Claiming Gratuity: SC Tells State [Read Judgment]

Live Law  

It is the duty of the state to voluntarily pay the gratuity amount, the bench observed.In a huge relief to a retired government employee who fought in courts for many years, against the employer-government which denied his legitimate claim for gratuity, the Supreme Court has directed the state to pay it within three months.The bench comprising of Justice RK Agrawal …

Gratuity Can Be Withheld If Employee Is Undergoing Criminal Trial: Allahabad HC [Read Order]
8 years, 6 months ago

Gratuity Can Be Withheld If Employee Is Undergoing Criminal Trial: Allahabad HC [Read Order]

Live Law  

The Allahabad High Court in Ramsiya Yadav vs. State of UP, has held that gratuity can be withheld in a case where judicial proceedings are pending on the serious charges against employee.Dismissing the challenge against the order passed by the Superintendent of Police who had withheld the gratuity amount payable holding that the petitioner is entitled for only interim pension, …

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