Case Note & Summary
The petitioner, Vishnu Gangaram Sonawane, a retired employee of the Zilla Parishad, Nashik, filed a writ petition before the Bombay High Court seeking release of his pensionary benefits. The respondents, including the Chief Executive Officer of Zilla Parishad and the State of Maharashtra, had withheld his retirement benefits on the ground that a Criminal Appeal against acquittal was pending against him. The court noted that none of the parties could point to any provision of law or regulation that permits withholding of pensionary benefits in such circumstances. The learned AGP for the State also conceded that there is no such power. The court relied on the Supreme Court's decision in State of Jharkhand v. Jitendra Kumar Srivasstava, which recognized the right to receive pension as a right in property under Article 300A of the Constitution. The court held that pensionary benefits cannot be stopped merely because of a pending criminal appeal against acquittal, as there is no legal authority to do so. The petition was disposed of with a direction to the respondents to release the pensionary benefits to the petitioner within four weeks.
Headnote
A) Service Law - Pensionary Benefits - Withholding of Pension - Article 300A of the Constitution of India - The court considered whether pensionary benefits can be withheld merely because a criminal appeal against acquittal is pending against the retired employee - The court held that there is no provision of law permitting such withholding and that pension is a right in property under Article 300A - The respondents were directed to release the pensionary benefits (Paras 2-5).
Issue of Consideration
Whether the service retirement benefits of an employee can be withheld or stopped merely because a Criminal Appeal against acquittal is initiated and/or pending against such retired employee
Final Decision
The petition is disposed of. The respondents are directed to release the pensionary benefits to the petitioner within four weeks from the date of the order.
Law Points
- Right to pension is a right in property under Article 300A of the Constitution of India
- Pensionary benefits cannot be withheld merely because a criminal appeal against acquittal is pending
- No provision of law permits withholding of retirement benefits in such circumstances
Case Details
Writ Petition No. 2936 of 2014
Anoop V. Mohta, N.M. Jamdar
Harshad E. Palve for petitioner, Ashwinkumar R. Kapadnis for respondent No.1, P.P. Kakade (AGP) for respondent No.3
Chief Executive Officer, Zilla Parishad, Nashik; The Sub Divisional Engineer, Z. P. Sub Division Satana Nashik; State of Maharashtra
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Nature of Litigation
Writ petition seeking release of pensionary benefits withheld due to pending criminal appeal against acquittal
Remedy Sought
Petitioner sought direction to respondents to release his pensionary benefits
Filing Reason
Respondents withheld pensionary benefits of the petitioner on the ground that a Criminal Appeal against acquittal was pending against him
Issues
Whether pensionary benefits can be withheld merely because a Criminal Appeal against acquittal is pending against the retired employee
Submissions/Arguments
Petitioner argued that there is no provision of law permitting withholding of pensionary benefits on such ground
Respondents could not point to any provision of law or regulation allowing such withholding
AGP for State conceded that there is no such power to withhold pensionary benefits
Ratio Decidendi
The right to receive pension is a right in property under Article 300A of the Constitution of India, and pensionary benefits cannot be withheld merely because a criminal appeal against acquittal is pending against the retired employee, as there is no provision of law authorizing such withholding.
Judgment Excerpts
We are inclined to dispose of the present Petition as no case is made out by the Respondents by referring to any provision of law and/or regulation whereby the service retirement benefits of an employee of Respondents, can be withheld and/or stopped merely because some Criminal Appeal against acquittal is initiated and/or pending against such retired employee.
The Supreme Court has in Civil Appeal No.6770 of 2013 ... observed as under: 'Fact remains that there is an imprimatur to the legal principle that the right to receive pension is recognized as a right in property.'
Procedural History
The petitioner filed Writ Petition No. 2936 of 2014 before the Bombay High Court seeking release of pensionary benefits. The court heard the parties and disposed of the petition on 5 November 2014.
Acts & Sections
- Constitution of India: Article 300A
