Introduction
Pension is a significant benefit granted to government employees as a recognition of their years of dedicated service. It serves as a crucial financial safety net for retirees, ensuring their stability and security in their post-service years. However, there are specific conditions under which a government employee’s pension can be stopped. Understanding these conditions is important for pensioners to avoid disruptions in their benefits. This article explores the circumstances under which an Armed Forces personnel’s pension may be revoked or suspended, providing clarity on maintaining compliance with pension regulations.
Article Credit: Pension Booklet PARA Records
Conditions for Pension Stoppage of a Government Employee
- Future Good Conduct: One fundamental principle of pension entitlement is that it is granted subject to the condition of future good conduct. This means that even after retirement, pensioners are expected to maintain good behaviour. If a pensioner engages in activities or behaviours deemed unacceptable or misconduct by law, their pension can be stopped. This condition ensures that pensioners uphold the integrity and respect associated with their service.
- Conviction of Serious Crimes or Grave Misconduct: A government employee’s pension can be stopped if they are convicted of a serious crime by a court of law or found guilty of grave misconduct. Serious crimes could include offences such as embezzlement, corruption, or other criminal activities. If a pensioner is involved in such cases, their pension may be withheld, either partially or in full, depending on the severity of the misconduct. It is advisable for pensioners in such situations to seek legal assistance promptly, secure bail if needed, and vigorously defend their case in court to mitigate the impact on their pension.
- Non-Drawl of Pension: If a pensioner fails to draw their pension for a period exceeding five years, their name might be struck off from the pension establishment. This rule is in place to manage and update pension records efficiently. Pensioners should ensure that they regularly collect their pension to avoid any administrative issues that could lead to stoppage.
- Forfeiture Due to Political or Grave Misconduct: Pensioners involved in serious misconduct of a political or other nature can face forfeiture of their pension. This applies to cases where government employee pensioners is engage in activities that are considered to undermine the integrity or responsibilities associated with their service. Such misconduct might include actions that are politically motivated or actions that contravene the principles expected of government retirees.
- Change of Nationality: If a pensioner changes their nationality and becomes a citizen of a foreign state, their pension is required to be stopped immediately by the Pension Disbursing Office (PDO). SPARSH, In such cases, the government employee pensioner must apply to the Principal Controller of Defence Accounts (PCDA) at Allahabad through the PDO, providing a copy of their new nationality certificate. The PCDA (P) will review the case and decide whether the pension can be restored based on the merits of the situation.
Pension Payment During Suspension or Conviction
- Pensioner Sentenced to Imprisonment: When a pensioner is sentenced to imprisonment for a criminal offence, their pension will be suspended from the date of imprisonment. The Pension Disbursing Agency (PDA) will report the case to the PCDA (P), which will forward it to the competent authority, such as the Area/Sub Area Commander. This authority will decide whether the pension should be suspended, discontinued, or withheld in part or whole. It is important to note that no arrears will be paid for the period spent in prison.
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- Conviction by Lower Court and Acquittal by Higher Court: If a government employee pensioner is convicted by a lower court but subsequently acquitted by a higher court, any withheld pension payments will be restored. This ensures that pensioners who were wrongfully convicted have their benefits reinstated once their legal status is cleared.
- Imprisonment for Debt: In cases where a pensioner is imprisoned due to debt, their pension will continue to be paid. Imprisonment for debt does not affect the pensioner’s entitlement to their pension, reflecting the principle that pension payments are a right and not contingent on debt-related imprisonment.
Conclusion
Understanding the conditions under which a government employee’s pension can be stopped is crucial for maintaining uninterrupted benefits. Pensioners must be aware of the requirements related to future good conduct, legal convictions, and changes in nationality to avoid any complications. In situations of imprisonment or legal issues, it is important to follow the correct procedures and seek appropriate legal advice to ensure that pension rights are protected. By adhering to these guidelines, pensioners can manage their benefits effectively and ensure their financial security remains intact throughout their retirement.
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[…] Must Read : When can a government employee’s pension be stopped? […]
The Pension Booklet is not a law and can’t lay rules on the entitlement of pension.
As the Court have repeatedly ruled that the Pension is a right( also stressed by the pension booklet itself, on para dealing with imprisonment due to debt)and pension is not a ‘baksheesh’.Pension is paid due to exemplary long service rendered in the govt service and can’t be mixed with the future conduct of the pensioner.Can a pensioner be imprisoned under the Army Act, for an offense committed after retirement.
Even other provisions of the Pension boomlet,would fall like a pack of cards,if challenged in the court viz.,
(a)future good conduct- pension is paid for good service rendered in the past and is not a salary of a serving Fauzi,which could be stopped as per the Army Act;
(b)conviction for serious offence- there is a.Criminal law to deal with the subject and can’t be mixed with a civil matter of pension of a retiree;
(c)non drawal of pension- pension is directly e deposited in the bank acct of the pensioner,who also submit annl life cert. The pensioner does not go and sign a voucher to draw pension .So what is meant for non-drawal of pension;
(d)polt misconduct- now this has become a weapon of the regime,to put any citizen in the jail, even for raising a Q/forwarding a comical Whatsapp to others;
(e) change of Nationality- pension is paid for the past services as a citizen .Most of Decence Services offrs’ children are settled abroad and the parents (esp widow after death of husband)often migrate to that country,to stay with their children for care. How this is related to the past eentitlement/ right.Can the Govt stop past entitlement(old Pension system)of the retirees ,as per the Service Rules applicable then and replacement with a Subsistance Allowance, as the pension acct has increased;
(f)during ‘suspension or conviction for a cr offence from dt of imprisonment- obviously the Pension booklet is referring to the Serving personnel as a retiree can’t be suspended.
As brought out in (d) ibid,its now a fashion to imlrison a person on drop of a hat and don’t grant bail for decades. So encourage the dependents,in absence of money,join criminal activities for their stomach filling.
And how would the PDA/Bank know about the imprisonment/conviction,to intimate to the PCDA;
(g)acquitted by the hr court- even if it is hypothetically agreed that such a provision of imprisonment of a pensioner is legly applicable,to a pensioner on ceasing of apicability of the Army Act to the pensioner,the wronged pensioner should get back his pension arrears,with penal penality of interest.
In conclusion ,it is submtted that the Pension Booklet is vague,unethical,against natural principles of justice as pension is a legal rightful entitlement for the past exemplary services( if a dot on his service before ret,he won’t be authorized pension)and can’t be conditioned by any limitations on his future conduct.
Therefore the ESM Corner being the high spokesman of the Veterans,should undertake a case with the Dept of Ex Servicemen of the MoD,in liaison with the Veternan Assns and the PCDA to scrap the outdated Pension Booklet and past pension not conditioned by any future conduct of the pensioners.
The Advocate recommended by the ESM Corner,who promptly added himself on the Whatsapp of all ESMC subscriber,has gone into hibernation.His name struck off from our list
It amounts, to the bank telling a FD depositor,that no interest would be paid on a matured FD ,because of some future contingencies.
[…] MUST READ I When can a government employee’s pension be stopped? […]
This article covers only armed forces , it appears that pension is only drawn by armed forces …. What about other central / State government employees….. is it same …any idea … worth researching it would have been good if article covered both
Sir, thank you very much for your valuable feedback. 🙏 Yes, you are absolutely right — pension systems also exist for Central and State Government employees with their own respective rules and portals. However, this particular article has been written specifically for defence personnel, as it is authored by a veteran and our platform mainly caters to the needs and information requirements of ex-servicemen and their families. We truly appreciate your suggestion, and we’ll certainly consider creating a comparative article in the future covering both defence and civil pension systems for better understanding.
Arrae Mishra jee,this portal as it bears the name ExServicemen Corner, deals with the Veteran Fauzies.
You have your own civilian Associations to disseminate the related info.
Abb Fauzion kee iss imp site koe bhee civilians harpata chahtae hain.
ESM may consider a security system/Password or better a paid subscription system so that unauthorized persons are not able to approach it.
These are the civilians ,who take advantage of these type of info and then approach media to stress- Fauzi majjae maar rahein hain
No requirement of quoting the Website of members in the comments.
Most of indls don’t have a website
I am Truely grateful to our ESM CORNER for consistently providing us the upto date infos.As it’s really difficult to receive the latest knowhows in our retired lives due to physical, mental, family stresses etc.
Dhanyabad, Rgds, Jay Hind!