Srinagar, June 15 : The Central Administrative Tribunal has held that on mere pendency of judicial proceedings the employer cannot withhold the provisional pensionary benefits of its employee and set aside the order withholding the provisional pension with the direction to consider the claim of releasing provisional benefits to the aggrieved employee.
The bench of Ritu Tagor (Judicial member) said that Article 168-D of Civil Service Regulations specifically contemplates payment of provisional pension during the pendency of departmental or judicial proceedings.
The CAT added that retired employee should not be left entirely without means of sustenance during the intervening period. The statutory scheme, therefore, strikes a balance between the interests of the employer and the rights of the retired employee by permitting withholding of gratuity while simultaneously ensuring payment of provisional pension.
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