Thought for Today, 12 th June 2018

Be careful what you say. You can say something hurtful in ten seconds, but ten years later, the wounds are still there.

Thursday, January 02, 2014

Dismissal of Govt. employee due to conviction-Appeal against conviction- sentence stayed- is he entitled for pensionary benefits ?

Talathi was convicted for a criminal offence and sentenced for one year's imprisonment. He was dismissed due to the said conviction. He files an appeal in the High Court against the conviction. The High court grants stay to his conviction and releases him on bail.In view of the said stay , Talathi applies for grant of pensionary benefits viz.Pension & Gratuity. The query is made to me as to whether the demand for grant of pensionary benefits can be granted. I gave the following reply,

" Talathi was dismissed on account of his conviction by the court. It is true that the High Court has granted the stay to the sentence awarded by the lower court but his conviction is not set aside.He is therefore guilty in the eyes of law.Therefore his dismissal is  still valid .

The service of an employee who is dismissed from service, stands forfeited as provided in Rule 45 of M.C.S.(Pension) Rules 1982 and thefore the said Talathi  is not entitled for pensionary benefits viz. Pension and Gratuity.

A dismissed employee is entitled for refund of  Group Insurance Scheme and Government Providend Fund amount since he has contributed the said amounts. However he will not be entitled for leave encashment. "

The viewers may please note the above reply so that they will be able to take appropriate decision while dealing with the similar cases  their offices.


2 comments:

  1. Sir, I tried to search the above case, but i could not get in any journal. Can I know the name of parties or citation

    ReplyDelete
  2. AS PER MADRAS HIGH COURT jUDGEMENT DISMISSED EMPLOYEE IS ALSO ENTITLED FOR LEAVE ENCASHMENT

    ReplyDelete