Legal Advice

Retiral benefits have not been sanctioned after technical resignation

Question: I served in Medical Education for 37 years in the Government of Madhya Pradesh in Bhopal and was entitled to a pension after retirement. I sought and received permission (NOC) after completing 37 years of government service to appear for an examination/interview for the position of Professor at AIIMS in Raipur, Chhattisgarh. I was selected for the position, but my previous employer relieved me on technical resignation. However, my pension gratuity has not been sanctioned. Please advise me on what to do next.

Advise

Your first step should be to send a representation to the concerned authority in your department, seeking clarification on why your retiral benefits have not been sanctioned. If you do not receive a satisfactory response, you can consider filing a writ petition in the High Court under Article 226 of the Constitution of India.

Keep in mind that retiral benefits are not a form of bounty. In the case of Jitendra Kumar Singh vs State of Jharkhand, the court ruled that the government is obligated to provide retirement benefits to an employee who has not been subjected to any disciplinary or criminal proceedings. Therefore, if you have not faced any such action, the government cannot withhold your retiral benefits.

It’s important to note that if there are no disciplinary or criminal proceedings pending against you, the government must provide you with your retiral benefits. This is not just a matter of generosity; it is a legal obligation. In the event that your benefits have been withheld without justification, you may want to send a representation to the department and file a writ petition in the High Court if necessary.

Shivendra Pratap Singh

Advocate

High Court Lucknow