pension, a specific order in that behalf by a competent authority was
required to be passed. Pension Regulation is meant to be applicable where
pension ... third of the pension admissible on
the date of retirement of the employee:
Provided that where a part of pension is withheld
or withdrawn
sanctioned 50% provisional pension and Group Insurance amount, Family Fund and Surrender Leave. Pension, gratuity and commutation were withheld purportedly on the ground that departmental ... further submits that as per the Pension Rules when the pension or gratuity is withheld respondent No.l is not competent and it is only
pension and its continuance under these rules.
(b) The pension sanctioning authority may, by order in writing, withhold or withdraw a pension or part thereof ... post held by the pensioner immediately before his retirement from service;
Provided further that where a part of pension is withheld or withdrawn, the amount
Government to withhold or withdraw
pension (1) Government may, by order in
writing, withholding or withdraw a pension or any
part of it, whether permanently ... posts within their purview:
Provided further that where a part of pension
is withheld or withdrawn, the amount of remaining
pension shall not be reduced
Pension) Rules, 1972 (hereinafter referred to as 'CCS Pension Rules') reads thus:-
"9. Right of President to withhold or withdraw pension ... final orders are passed:
Provided further that where a part of pension is withheld or withdrawn the amount of such pensions shall not be reduced
bear
repetition to state that in terms of Rule 53 of the Pension Rules, an order for
compulsory retirement can be passed only ... exist specific provision in the pension rules in terms
whereof, whole or a part of the pension can be withheld or withdrawn wherefor a
proceeding
High Court, on
the premise that the pension payable to the respondent has illegally been
withheld for a payable to the respondent has illegally been ... withheld for a
long time, directed:
"Accordingly the writ petition is disposed of directing the Government to
release full pension to the petitioner from
Union of India that in terms of the provisions of
CCS (Pension) Rules, 1972, in the event a gross misconduct or negligence
committed ... service is proved, entire
amount of pension or a part thereof can be directed to be withheld. Therein,
however, the question which arose for consideration
Regulations also provides that
pension is not payable to a Government servant as a matter of course and
may be withheld if the services ... composite scheme; by
emphasizing that payment of pension is not automatical it can be withheld if
the conditions laid down therein are satisfied. Undoubtedly, before
days, the petitioner is not entitled to any pension in terms of paragraph 132 of the Pension Regulation.
7. It has further been stated ... benefits upon his discharge.
27. The amount of pension of the petitioner has wrongly been withheld by the respondents. This is all the more regrettable
