Employee is not entitled to regular pension till the departmental and judicial proceedings against him are concluded-CAT judgement

New Delhi, October 01, 2012 (PTI): The Central Administrative Tribunal (CAT) has dismissed a former Indian Telecommunication Services (ITS) officer’s plea for a hike in his pension, saying he is not entitled to it till the departmental and judicial proceedings against him are concluded.

A bench of CAT Chairman Syed Rafat Alam and member Ramesh Chandra Panda gave the order on a plea by ITS officer R P S Panwar against whom six disciplinary proceedings and one criminal case is pending.

Panwar had contented his current pension of Rs 23,913 should be hiked to Rs 38,772 as per the Sixth Central Pay Commission’s recommendations as the disciplinary proceedings and criminal case pending against him have been stayed by the concerned judicial authorities.

The CAT, however, dismissed his plea saying “We are of the considered view that the applicant is not entitled to get his provisional pension revised as per the sixth CPC until the departmental and judicial proceedings pending against him are finally decided,”

Panwar, in his application, had told the Tribunal that he was placed under temporary suspension from September 2003 and was allowed to retire on reaching the age of retirement in April 2006.

He had contented that he is entitled to a higher pension as he had retired after the recommendations of the sixth pay commission had come into effect from January 1, 2006.

The counsel for the Department of Telecommunications had argued that Panwar should not be given any relief as he is facing “serious” charges of amassing disproportionate assets.

Agreeing with the DoT’s argument, the Tribunal ruled that he was not entitled to arrears of leave encashment and other dues till the matters pending against him are resolved.