New Delhi: The Jharkhand High Court has ruled that a teacher who was arrested on charges of moral turpitude and subsequently compulsorily retired is still entitled to receive her pension and gratuity benefits. The court clarified that the mere pendency of criminal proceedings, without a conviction, cannot justify withholding statutory retirement dues.
Citing the relevant pension rules, the court emphasized that pension and gratuity are deferred payments for services rendered and cannot be arbitrarily denied. The ruling reinforces the principle that legal punishment should follow due process, and allegations alone cannot strip an employee of earned retirement benefits.
The case involved Shanti Devi, a former lecturer at Ranchi University. She was arrested in 2011 by the Vigilance Department for alleged irregularities during her tenure with the Jharkhand Public Service Commission. She was suspended and later granted bail, resuming her duties in 2014. In 2018, she was compulsorily retired under the Jharkhand State Universities Act.
While her provident fund dues were released in 2020, her pension, gratuity, and leave encashment were withheld due to the ongoing criminal proceedings. The High Court ruled that withholding these benefits was unlawful in the absence of a conviction.
This decision aligns with previous judicial precedents in Jharkhand, reinforcing that statutory retirement benefits cannot be withheld solely based on pending criminal cases, ensuring protection of employees’ earned rights while upholding due legal process.