Orissa HC Rules Retired Officials Lose Pension If Conviction Not Stayed

Court clarifies that merely filing an appeal or suspension of sentence does not restore post-retirement benefits for convicted officials under the Prevention of Corruption Act.

Orissa, Oct 16 : The Orissa High Court has ruled that retired government officials whose pensions were suspended following convictions under the Prevention of Corruption Act are not entitled to post-retirement benefits unless their conviction is stayed by a superior court.

Delivering the judgment, Justice R.K. Pattanaik observed, “A mere appeal against an order of conviction and suspension of sentence does not entitle a public servant to restoration of pension.” The court emphasized that pension and associated benefits can only be granted if the conviction itself is stayed. “Only if the order of conviction is stayed by a Court in appeal, shall a pensioner receive pension and other benefits; otherwise, benefits cannot be restored,” the court added.

The ruling came while dismissing writ petitions filed by convicted former officials seeking provisional pension pending the judicial outcome. The petitioners argued that withholding pension and gratuity was unjust and arbitrary, given that their sentences were under appeal.

Justice Pattanaik clarified that the mere filing of an appeal or securing suspension of sentence does not entitle a retired official to pension. The Court further noted that allowing provisional pension while convictions remain in force would contradict the intent of the Prevention of Corruption Act and related rules.

The judgment reinforces that post-retirement benefits are contingent upon either acquittal or a stay of conviction, ensuring that convictions under corruption laws directly impact eligibility for pensions.

Orissa High Court
Comments (0)
Add Comment