Noel Kerketta vs The State of Jharkhand and Others

Sujit Narayan Prasad, J.—Petitioner has preferred instant writ petition for payment of retiral dues, pension, gratuity, annual increment from 2000 to 2008, unutilized earned leave along with interest @ 18% per annum and to quash the order dated 14.12.2010 passed under the signature of Joint Secretary, Home Department, Government of Jharkhand by which 25% pension had been withheld. It has been submitted on behalf of petitioner that after superannuation of the petitioner from service with effect from 31.12.2008 the order had been passed as contained in notification No. 7416 dated 14.12.2010 under the signature of Joint Secretary, Home Department, Government of Jharkhand under Rules 43(a) of Jharkhand Pension Rule by which 25% pension of the petitioner had been withheld with a direction not to pay anything save and except the subsistence allowance during the period of suspension. The petitioner had filed an Interlocutory Application No. 309 of 2011 challenging the order dated 14.12.2010 and the said Interlocutory application had been allowed vide order dated 10.7.2014 by this Court.

Heard the parties.

On perusal of the documents on record it appears that order dated 14.12.2010 had admittedly been passed in exercise of power conferred under Rule 43(a) of Jharkhand Pension Rules on the ground of adverse conduct and serious antecedent in which the petitioner had been found guilty.

The point for consideration is as to whether Section 43(a) of Jharkhand Pension Rules will be applicable in the facts of the case or not. Rule 43(a) of Jharkhand Pension Rule reads as under:--

"43(a). Future good conduct is an implied condition of every grant of pension. The Provincial Government reserve to themselves the right of withholding or withdrawing a pension or any part of it, if the pensioner is convicted of serious came or be guilty of grave misconduct. The decision of the Provincial Government on any question of withholding or withdrawing the whole or any part of a pension under this rule, shall be final and conclusive."

From perusal of the contentions raised in Sec. 43(a)of Jharkhand Pension Rules it is clear that the future good conduct is a condition for grant of pension. The Provincial Government has however been given right of withholding pension, if pensioner is convicted of serious crime or guilty of grave misconduct, the decision shall be final and conclusive.

The main ingredient of Section 43(a) of Jharkhand Pension Rule is that condition for grant of pension is future good conduct of the pensioner not the past conduct of the Government employee and for the past conduct the separate provision has been made in Rule 43(b) of the Jharkhand Pension Rules.

It is also pertinent to see the provisions as contained in Section 8 of State Civil Services (Pension) Rules, 1972 which speaks as follows:--

"Pension subject to future good conduct.--(1)(a) Future good conduct shall be an implied condition of every grant of pension and its continuance under these rules.

(b) The appointing authority may, by order in writing, withhold or withdraw a pension or a part thereof, whether permanently or for a specified period, if the pensioner is convicted of a serious crime or is found guilty of grave misconduct."

Thus, the main condition for payment of pension to a Government employee is future good conduct of the employee. If the case of petitioner will be seen and if compared with the provision of 43(a) of Pension Rule it is apparent that the petitioner''s pension had been withheld on the basis of serious allegation related to adverse conduct and serious misconduct which indicates that the petitioner had been held guilty for past conduct.

In that view of the matter the notification No. 7416 dated 14.12.2010 is not sustainable being contrary to the provision of Rule 43(a) of Jharkhand Pension Rules hence, the notification dated 14.12.2010 is hereby quashed reserving liberty to the respondents to proceed in accordance with Rule if they so desire. Writ petition is disposed of in terms indicated hereinabove.