TERMINAL BENEFITS ARE PROPERTY SO CAN'T BE WITHHELD - Jugal Shukla

Breaking

Sunday, June 21, 2020

TERMINAL BENEFITS ARE PROPERTY SO CAN'T BE WITHHELD



TERMINAL BENEFITS ARE PROPERTY SO CAN'T BE WITHHELD

Pension, Leave Encashment, Gratuity and other benefits on superannuation is treated as right to property, vested in the hands of retirees under Article 300 A of the Constitution of India so no retirees even punished can be deprived from terminal benefits ,even no rules can override the provisions of article 300 A of constitution

रिटायरी को मिलनेवाले पेंसन ,अवकाश नागदीकरण , ग्रेचुईटी को सुप्रीम कोर्ट ने भारतीय संविधान के  article 300 A के अंतर्गत संपत्ति माना है इसलिए ऐसा कोई भी नियम नहीं बनाया जा सकता जो रिटायरी को उसके संपत्ति के अधिकार से वंचित करते हैं

The provisions of GRAMIN BANK OR PSU BANKS
        (Officers and Employees Service Regulation,

. Disciplinary proceedings after retirement has an explanation which reads as under ----------
Explanation: For the purposes of this regulation, the normal retirement benefits such as encashment of privilege leave and Gratuity may be withheld till the completion of the disciplinary proceeding and passing of final order by the Competent Authority and the release of benefits shall be as per the final order of the Competent Authority.

Unconstitutional provision says SCI

The said explanation is against the land mark ruling delivered in  by the Hon’ble Supreme Court of India presided over by the bench headed by Justice K.S. Radhakrishnan and Justice A.S. Sikri, in an appeal filed by the State Govt. of Jharkhand V/s Jitendra Kumar Srivastava, the bench has ruled that Pension, Leave Encashment, Gratuity and other benefits on superannuation is treated as right to property, vested in the hands of retirees under Article 300 A of the Constitution of India. The judgment further stated that the employer cannot reduce the pension or deny the full gratuity, leave encashment and other benefits on the grounds of administrative instructions/executive orders, pending departmental enquiry or criminal proceedings against the employee concerned, as it is against the provision of the Constitution of India. Even if such administrative guidelines/executive orders are framed under the powers of the respective institution, it cannot override the provisions of the Article 300 A of the Constitution of India.

Recommended Posts