Bihar Pension Rules| Authorities Can Withhold 10% Pension & Gratuity Of Employees Only When Departmental Proceedings Are Pending: Patna HC
The Patna High Court directed authorities to pay pending pension and gratuity of employee while observing that Rules 43(b) and 43(c) of the Bihar Pension Rules, 1950 empower authorities to withhold 10% of the pension or gratuity of retired employees only when departmental proceedings are pending against them.
The Court was hearing a Writ Petition seeking 100% pension and gratuity since no departmental proceeding or criminal proceeding is pending against the petitioner.
The bench of Justice Nani Tagia observed, “It, therefore, is an admitted position that under Rule 43(b) and 43(c) of the Bihar Pension Rules, 1950, the respondent authorities/employer is empowered to withhold 10% of the pension or gratuity of the retired employee(s), against whom the departmental proceeding is pending.”
Advocate Alok Kumar appeared for the Petitioner and AC to SC Madhukar Mishra appeared for the Respondent.
Brief Facts-
The petitioner Jai Jai Ram Roy who retired as a Programme Officer in the Education Department, seeks a court directive for the respondent authorities to release the withheld 10% of his pension and gratuity. Despite no pending departmental or criminal proceedings, only 90% of his pension and gratuity were sanctioned and paid by the authorities.
The Court noted that despite multiple opportunities, the State authorities failed to provide information on any pending departmental proceedings against the petitioner regarding allegations of forwarding an incorrect select list for Talimi Markaj Education volunteers.
The Court further noted, “respondent nos. 1 to 5 has also not disputed the contentions raised by the petitioner that in terms of Rule 43(b) and 43(c) of Bihar Pension Rules, 1950, 10% of the pension and gratuity can only be withheld by the respondent authorities when there is a departmental proceeding pending against the retired employee.”
Accordingly, the Court allowed the Writ Petition while holding that withholding of 10% of the pension and gratuity of the petitioner is without any authority of law.
Finally, the Court directed the respondents to pay the petitioner the remaining 10% of the pension and gratuity along with arrears, if any, which have been withheld by the respondents.
Cause Title: Jai Jai Ram Roy v. The State of Bihar
Appearance:
Appellant: Adv. Alok Kumar and Adv. Pranav Kumar
Respondent: SC Subhash Chandra Mishra, AC to SC Madhukar Mishra and Adv. Arun Kumar Arun
