Court Finds Withholding of Benefits on Grounds of Incomplete Service Book Unjust and Orders Compensation for Delay
In a significant ruling, the Rajasthan High Court has directed the State of Rajasthan to release all retiral benefits to Shri Shanti Lal Dholi, a retired Patwari, within 60 days, along with applicable interest. The court found the withholding of these benefits on the grounds of an incomplete service book to be unjust, placing the responsibility squarely on the employer to maintain accurate employee records.
Presiding over the case, Justice Arun Monga emphasized that pensionary benefits are not a discretionary bounty but a vested right earned through years of service. The court condemned the administrative inaction that led to an inordinate delay in finalizing the petitioner's service book and the subsequent withholding of his rightful dues.
Shri Dholi, who retired on July 31, 2023, after nearly four decades of service, faced severe financial hardship due to the non-finalization of his pension case. Despite his repeated representations and the absence of any disciplinary proceedings against him, his benefits, including pension, gratuity, and leave encashment, remained largely unpaid.
The court's order notes that the service book is the employer's responsibility, and any failure to update it should not penalize the employee. Justice Monga highlighted that such negligence constitutes a violation of Article 21 of the Constitution, which guarantees the right to life and dignity.
In a stern warning to the state officials, the court ordered that if the benefits are not released within the stipulated time, the salaries of the responsible officers, including the District Collector and Tehsildar, would be withheld. Additionally, the state is required to pay costs of Rs. 50,000 to the petitioner, recoverable from the salary of the officer accountable for the lapse.
This decision underscores the court's commitment to ensuring that retired government employees receive their due without undue delay, reinforcing the principle that pension is a deferred wage and a fundamental right of every retiree.
Bottom line:-
Pensionary benefits and retiral dues of a retired government employee cannot be withheld on the ground of incomplete service book, which is the employer's responsibility to maintain and update.
Statutory provision(s): Article 21 of the Constitution of India.
Shri Shanti Lal Dholi v. State Of Rajasthan, (Rajasthan) : Law Finder Doc id # 2921885
