Civil Services Regulation | Can't Withhold Pension Under Regulation 351A For Incident Which Occurred 4 Yrs Prior To Retirement: Allahabad HC

The Allahabad High Court has held that no action under Regulation 351-A of the Civil Services Regulation can be taken for an incident which took place four years prior to the retirement of the employee.

Regulation 351–A of CSR empowers the Governor to reserve to himself the right of withholding or withdrawing a pension or any part of it, whether permanently or for a specified period and the right of ordering the recovery from a pension of the whole or part of any pecuniary loss caused to Government, if the pensioner is found in departmental or judicial proceedings to have been guilty of grave mis-conduct, or to have caused pecuniary loss to government by misconduct or negligence, during his service, including service rendered on re-employment after retirement.

Petitioner approached the High Court seeking a writ of mandamus against the respondents for release of post retiral benefits which amounted to Rs. 20 lacs towards Gratuity, Rs. 33 lacs approximately towards commutation of Pension. The petitioner further sought regular payment of pensionary benefits.

Counsel for petitioner contended that after retirement, instead of providing the petitioner his retiral benefits, he was served with a show cause notice under Rule 10 (2) of the Uttar Pradesh Government Servant (Discipline and Appeal) Rules,1999 for minor punishment. Pursuant to the orders of the High Court against the show cause notice, a letter was issued to the petitioner stating that the provision had been changed to Regulation 351-A of the Civil Services Regulation.

It was argued that no inquiry could be initiated for any incident which took place 4 years prior to the retirement of the petitioner.

The Court observed that the on earlier occasions the writ Court had quashed the notices issued to the petitioner and directing the respondent to consider if any approval was required under Regulation 351-A of C.S.R for grant of retiral benefits to the petitioner. Even though liberty was granted to the State to proceed under Regulation 351-A of C.S.R, the Court observed that two and half years had passed and the file had not been forwarded to the Governor for any decision.

Since the events had taken place 4 years prior to the retirement of the petitioner, the Court held that the bar under Proviso (a)(ii) of Regulation 351–A of CSR was operative. The Proviso (a)(ii) of Regulation 351–A of CSR provides that no action under Regulation 351–A of CSR can be undertaken for an event which took place more than four years prior to the institution of proceedings. Accordingly, the Court held that no action could be initiated under Regulation 351-A of C.S.R.

“It is thus clear that since matter relates to the event which took place four years prior to the retirement of the petitioner which is an undisputed fact as accepted by Counsel for respondents, so no action can be taken against the petitioner and inquiry cannot be initiated hence, there is no occasion to consider the matter relating to grant of any approval under Regulation 351-A of C.S.R.”

While directing the State of UP to pay the retiral dues of the petitioner-employee, the Court has observed that an employee after retirement is dependent on his post retiral dues, and he must not be made to spend his life savings in litigation for getting the benefits due to him.

“After retirement, an employee is dependent upon his/her post retiral dues but in place of getting the same the petitioner had been compelled by the arbitrary action of the respondents to approach this Court time and again. In place of getting any dues the petitioner is spending the cost of litigation from his lifelong savings. The petitioner has been deprived from getting his lawful claim due to wrong actions, inaction and non-action by the authorities at different stages which is making the petitioner to suffer great hardship,” held Justice Manish Kumar.

Case Title: Rajendra Dhar Dwivedi vs. State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Agriculture Lko And 2 Others 2024 LiveLaw (AB) 110 [WRIT - A No. - 9908 of 2023]

Case Citation: 2024 LiveLaw (AB) 110

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