Retirement benefit can not be denied to employee
even if charges against him are pending
The Madurai bench of the Madras High Court has ruled that Government cannot deny retirement benefits to an employee who was asked to go on conditional retirement because charges against him were pending. A Division Bench of Justice R.Banumathi and Justice S.Nagamuthu rejected the contention of the government that Sankaran, an Assistant Tahsildhar had been allowed to retire on certain conditions as charges were pending against him,and hence he could not be given retirement benefits.
A single judge had already revoked the order of the collector suspending payment of retirement benefits.
Similarly Raja,a retired Sub-Registrar of cooperatives was allowed conditional retirement on April 30, 2010. But his retirement benefits were suspended as charges were pending against him. His writ petition was dismissed by a single judge, and he had come on appeal.
The Judges said when the Government employees are allowed to retire on condition, disciplinary action could be taken against them or inquiry conducted afresh. But government had no power to suspend payment of retirement benefits to them, the court said.
In a common order passed for both of them, the bench said when they are allowed to retire they should be given their retirement benefits.
Only government had power to take decision on disciplinary action against them, the bench observed and directed that all retirement benefits be paid to them.