following eventualities:-
i. pensioner be convicted of serious crime;
ii. pensioner be guilty of grave misconduct;
iii. pensioner having caused pecuniary loss to the government ... came to be incorporated entitling provisional pension as against full pension (commutation of pension) to government servant against whom departmental or judicial proceedings
interim pension, full pension has to be paid the withdrawal or withholding of the pension can be prospective and not retrospective. The word provisional ... pensioner on finalisation of the proceedings. It debars the State from affecting recovery from pension except where final pension sanctioned is less than the provisional
continued shall be paid provisional pension to the
extent of 75% of the admissible pension. The payment of
provisional pension under the aforesaid orders ... that situation, the Pension Sanctioning Authority shall not
be empowered to withhold pension under any
circumstances. Rule-43 of Bihar Pension Rules is a
Statutory
Pension Rules and argue that pension includes gratuity
and under Rule 43(b), pension and gratuity can be withheld or
forfeited only if the employee ... continued
shall be paid provisional pension to the extent of
75% of the admissible pension. The payment of
provisional pension under the aforesaid orders
challenges an order dated 6 May, 2015, pursuant to which a provisional pension has been fixed in relation to the petitioner and the gratuity ... Regulation 351-AA, which empowers the respondents to pay a provisional pension in a situation where departmental or judicial proceedings are pending against a government
Civil Services (Pension) Rules, 1976 are reproduced
below:-
64. Provisional pension where departmental or judicial
proceeding may be pending:- (1) (a) In respect of
Government ... back to Rule 64, it is revealed that provisional
pension not exceeding maximum pension and provisional gratuity
not exceeding 50 % of gratuity after taking into
expression "Pension" as provided under Rule 3
of the Pensions rules, pensions includes gratuity. Rule 69(1)(c) of
the Pensions Rules provide ... Pension Rules defines the
pension to include gratuity except when the term
pension to include gratuity except when the term
pension is used in contradistinction
where provisional pension
has been granted under Rule 69 of the Pension Rules.
Rule 69 of the Pension Rules contemplates sanctioning
provisional pension when there ... cases, which we have mentioned, like
invalid pension, pension under Rule 40 of the Pension
Rules on being compulsorily retired by way of penalty
whether the respondents were right in granting only the
provisional pension to the petitioner instead of regular pension on
account of the pendency of Criminal ... provisional pension in
view of Rule 69 of the CCS(Pension) Rules (for short „Pension Rules‟)
and the question of grant of regular pension would
pension following his conviction. Rule 69(1)(b) of CCS (Pension) Rules, 1972 provides for grant of provisional pension for the period commencing from ... compensation pension in such circumstances where the pension of the employee has been forfeited by the President under Rule 9 of the Pension Rules. Looking
