Madurai,Jan12(PTI) The Madurai bench of the Madras HighCourt has ruled that Government cannot deny retirementbenefits to an employee who was asked to go on conditionalretirement because charges against him were pending.
A Division Bench of Justice R.Banumathi and JusticeS.Nagamuthu rejected the contention of the government thatSankaran, an Assistant Tahsildhar had been allowed to retireon certain conditions as charges were pending against him,andhence he could not be given retirement benefits.
A single judge had already revoked the order of thecollector suspending payment of retirement benefits.
Similarly Raja,a retired Sub-Registrar of cooperativeswas allowed conditional retirement on April30,2010.But hisretirement benefits were suspended as charges were pendingagainst him.His writ petition was dismissed by a singlejudge,and he had come on appeal.
The Judges said when the Government employees are allowedto retire on condition,disciplinary action could be takenagainst them or inquiry conducted afresh.But government had nopower to suspend payment of retirement benefits to them,the court said.
In a common order passed for both of them,the bench saidwhen they are allowed to retire they should be given theirretirement beneifts.Only government had power to take decisionon disciplinary action against them,the bench observed anddirected that all retirement benefits be paid to them.