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2020 (5) TMI 124 - HC - Indian LawsOutstanding pensionary benefits - Petitioner was working as Assistant Engineer in Public Works Department and he retired from service on 31.07.2013 but after his retirement, petitioner was not paid pensionary benefits i.e. gratuity, leave encashment, FBF, GIC, GPF - HELD THAT:- Pensionary benefits of petitioner has not been paid by the respondents. As per Madhya Pradesh Civil Services Pension Rules, enabling provision to withhold or to withdraw pension has been provided in Rules 9, 64 and 65. In the case of petitioner, no departmental enquiry was conducted neither petitioner was held to be guilty for causing any loss to the State Government. In any department, recovery and adjustment of Government dues can be made if the government servant does not clear the Government dues and such dues are ascertainable. Ascertainable Government dues have been defined in Explanation to Rule 65, which includes balance of housing, building or convenience advance, arrears of rent and other charges pertaining to occupation of Government accommodation, over payment of pay and allowances and arrears of income tax deductible at source under Income Tax Act, 1961. There is no mention of any punishment imposed upon the petitioner after conducting a departmental enquiry neither it has been stated by the respondents that dues are ascertainable Government dues. In absence of same respondents cannot withhold the pension of the petitioner. Writ petition filed by the petitioner is allowed and respondents are directed to clear the dues of the petitioners within period of 45 days from receipt of order passed by this Court today
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