#retiral dues

CAT Principal Bench ruled that arbitrary withholding of retiral dues, including leave encashment, without statutory backing constitutes a violation of Article 300-A. The Tribunal directed the respondent corporation to release the withheld amount along with GPF interest, reinforcing constitutional protections for retired employees' property rights.

The Allahabad High Court has ruled that public employers cannot delay payment of gratuity, leave encashment, or pending salary to retired employees due to financial constraints. The order mandates full payment within three months, with interest at bank rate if no specific provision exists, reinforcing that statutory benefits are non-negotiable rights, not discretionary payouts.

Jharkhand HC mandates adjustment of Rs. 91,757.71 (rent and electricity) against a retired workman's retiral dues of Rs. 5,90,645, ordering payment of the balance Rs. 4,98,887.29 by 18.05.2026 to secure vacating of company quarters. The ruling reinforces equitable protection for workmen occupying employer-provided housing pending settlement of statutory dues.

MP High Court rules that withholding pension or gratuity solely due to an uncharged FIR violates CCS Pension Rules, mandating payment with interest. The judgment reinforces natural justice principles, protecting retired employees from financial hardship pending criminal proceedings.

Madhya Pradesh High Court reinforces Supreme Court's Rafiq Masih ruling, prohibiting recovery from Class-III employees' retiral benefits. The court ordered refund of Rs. 1.57 lakh with 6% interest, setting a binding precedent for government recoveries from lower-grade employees.

The Allahabad High Court ruled that teachers employed by U.P. Rajya Vidyut Utpadan Nigam are entitled to retire at 62 years, not 60, reinforcing earlier judgments. The court directed settlement of retiral benefits, emphasizing the binding nature of the precedent on similar cases.

Madhya Pradesh High Court rules that a government employee transferred to an autonomous institution retains pensionary benefits under the 2004 Rules, holding the State liable for dues. The judgment clarifies service continuity for employees transitioning from government to autonomous bodies, ensuring pension rights remain intact.

Chhattisgarh High Court rules that retiral dues like leave encashment, gratuity, and provident fund are statutory entitlements under service law, and financial constraints cannot justify their withholding. The court directed payment of ₹14,10,544 and ₹48,540 within two months, with 6% interest, reinforcing public employers' obligation to prioritize statutory dues over administrative excuses.

MP High Court rules that wound-up corporations remain liable to pay 6% annual interest on belated retiral dues from retirement date until payment, regardless of financial constraints. The judgment reinforces that delayed settlement beyond 3-5 years is unreasonable, protecting public sector employees under the Employee Pension Scheme 1995.

Madhya Pradesh High Court holds that conviction under the Prevention of Corruption Act automatically suspends entitlement to gratuity, leave encashment, and other retiral benefits until the criminal appeal is disposed of. The ruling impacts public servants facing corruption charges, reinforcing that financial benefits remain frozen pending appellate relief.

Allahabad High Court holds that culpable delay in payment of gratuity and leave encashment attracts compensatory interest, irrespective of employee's application delay under Section 7(1).

Telangana High Court directs expedited release of retiral benefits with 10% interest for delay, reinforcing constitutional rights under Articles 14, 16, and 300A.

Madhya Pradesh High Court holds that post-retirement recovery of dues violates Rafiq Masih and Jagdish Prasad Dubey precedents, mandating refund with interest if entitlement is established.