Pension graduate matter

Dear Client,
When an employee is exonerated/acquitted in a criminal proceedings by a Court of Law, he should be treated as having retired with a clean service record, and all retirement benefits including gratuity and pension are payable to hm as these are rights that accrue for services rendered by him. Pension is treated as a right to property and a constitutional right under Article 300A of the Constitution of India, which cannot be denied or withheld without the authority of law. The division bench of Bombay High Court in the case of Maheshwari Shanmugam Pillay Vs. Union of India and Ors., decided on 17/04/2025 held that if an employee is exonerated in disciplinary proceedings, interest ought to be provided on delayed payment of retirement benefits. Further, in the case of Pranab Kumar Goswami vs Uco Bank & 3 Ors decided on 5 November, 2015, the Hon'ble Gauhati High Court held that given the legal proposition laid down in the case of Radhey Shyam Gupta Vs. Punjab National Bank and Another, reported in (2009) 1 SCC 376, even under the provisions of the Code of Civil Procedure, the pension and gratuity cannot be attached.