Kanoon Ki Dastak
The High Court of Jammu & Kashmir and Ladakh has held that mere pendency of investigation or procedural clearance cannot be used to indefinitely withhold post-retirement benefits due to government employees.
The observation came in the case where the Court strongly criticized the withholding of retiral dues of a former JAKFED employee, despite the closure of a decades-old criminal case and clearance from the Vigilance Department.
Justice Rajesh Sekhri, while delivering the judgment, cited past rulings including Ghulam Mohi-ud-Din Lone v. State of J&K and Sanjeev Bhagat v. UT of J&K, reiterating that “mere registration of an FIR or pendency of investigation cannot tantamount to institution of judicial proceedings” and thus cannot justify denial of retiral benefits.
“The Government is obliged to release the retiral benefits of a public servant notwithstanding the pendency of investigation in an FIR,” the Court emphasized.
In the present case, the petitioner had retired in 2011 and was denied benefits such as gratuity and leave salary. Although the vigilance clearance had already been granted and the FIR was closed as “not proved,” the administration insisted on further clearance from the Crime Branch.
Rejecting this stand, the Court ruled the delay was unjustified and ordered the release of all dues with interest, setting a three-month deadline for compliance.