The Supreme Court of India in D.S. Nakara & Others vs. Union

of India has made the following observations on right to pension.

“The antiquated notion of pension being a bounty

or a gratuitous payment depending upon the

sweet will or grace of the employer not claimable

as a right and therefore, no right to pension can

be enforced through Court has been swept under

the carpet by the decision of the Constitution

Bench in Deoki Nandan Prasad v. State of Bihar

wherein this Court authoritatively ruled

that pension is a right and the payment of it does

not depend upon the discretion of the

Government but is governed by rules and a

Government servant coming within those rules

is entitled to claim pension”.

2) Pension is the deferred portion of compensation for long and

devoted services rendered by an employee with the employer.

3) Non-payment of retiral benefits

therefore, is a violation of one’s fundamental right under Article 21.

The right to receive the same is not only a fundamental right but is

also a right to property under Article 300-A of Constitution of India

which cannot be taken away except by Authority of Law.

4) your employer cannot seek to adjust your pension amount against amount sought to be recovered from you in pending court case

1) as far as amount deposited by employer with ALC is concerned since your employer wants to with draw the appeal you should get Rs 3,90,000 deposited by your employer

2) if court had passed an order for placing said amount in fixed deposit you would get the principal amount with accrued interest

HI

Controlling authority will give you the gratuity with interest from 2004.

Your pension funds cannot be stopped by your employer because of the ongoing dispute.

Your employer should pay your pension as stipulated.

if your employer wins the case, you are liable to pay but the pension and gratuity cannot be stopped on account of money due from you.

Pension and gratuity are your rights arising out of employment.

Recovery of amount is a civil right and no recovery of money is possible from pension and gratuity of an employee.

How much amount will I get from Controlling authority in 2016? Do they give interest from 2004? At what rate?

If the employer is trying to withdraw the writ petition, let him do it, sooner he withdraws the writ, you may file an execution petition to enforce the judgment in your favor, by which you can claim interest too from the date of judgment till the date of settlement. The rate of interest will be generally at the market rate only i.e., 12 to 18% p.a.

Can now Company recover Pension amount against those recovery, when legal proceedings are on in court. What is the remedy available for me?

The employer cannot make any recovery until the case in the court has not been disposed or a judgment has been passed.

The employer however may not grant the release of pension too and may keep it in abeyance stating that it shall kept pending till the disposal of the court case in this regard. But you can fight against his decision.

Can I file an application in the present court and ask for remedy?

You may have to wait for the employer's decision and then take legal action as warranted.

1. On what conditions does the employer want to withdraw the WP? Unless the withdrawal is conditional the order of the RLC will prevail with full vigour which you may execute.

2. The interest has to be paid from the date of order.

3. Pension cannot be attached. Defend the lawsuit in the civil court.