In a ruling, Justice S.N. Pathak of the Jharkhand High Court, presiding over a single judge bench, has held that pensionary benefits and gratuity cannot be withheld from employees during the pendency of criminal proceedings
Shanti Devi, who had a career spanning from her appointment as a Lecturer at BNJ College, Sisai, Gumla, in 1984, to her tenure at Ram Lakhan Singh Yadav College, Kokar, Ranchi, faced legal challenges during her service. After serving as a member of the Jharkhand Public Service Commission (JPSC), she resumed her college duties but was entangled in multiple criminal cases filed by the Vigilance Department. While acquitted in three cases and released on bail in another, three cases remained pending against her.
Due to these ongoing legal battles, Shanti Devi was suspended from her services in June 2011 but reinstated in 2014 after her release from custody. However, her suspension was reinstated in 2015, followed by a subsequent revocation in 2019, leading to her compulsory retirement by Ranchi University under the Jharkhand State Universities Act, 2000, on January 25, 2019.
Despite her retirement, Shanti Devi faced hurdles in receiving her entitled pension, gratuity, leave encashment, and group insurance benefits, as the State contended that these could not be disbursed due to the pending criminal cases against her.
In response to her petition, the Jharkhand High Court ruled that withholding such retirement benefits during the pendency of criminal proceedings was unjustifiable. The court emphasized that pensionary benefits and gratuity are accrued rights of an employee, not contingent upon the outcome of criminal cases. The judgment underscored the principle of presumption of innocence until proven guilty and directed the State to facilitate the release of Shanti Devi’s withheld benefits, acknowledging her entitlement despite the ongoing legal disputes.
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