Pension withholding requires disciplinary basis or ascertainable government dues before gratuity can be denied.

Pensionary benefits and gratuity may be withheld only where the pension rules permit it, such as in specified disciplinary situations or for recovery of ascertainable Government dues. On the stated facts, no departmental enquiry, punishment, or finding of guilt for causing loss to the State Government was shown, and the claimed amount was not established as ascertainable Government dues under the rules. On that basis, the respondents were not justified in withholding the petitioner's pensionary benefits.

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Issues: Whether the respondents could withhold the petitioner's pensionary benefits and gratuity in the absence of a departmental enquiry, a finding of guilt, or ascertainable Government dues.

Analysis: The petitioner's pensionary benefits were withheld on the basis of alleged recovery from miscellaneous advances and alleged loss to the State Treasury. The relevant pension framework permits withholding or withdrawal of pension in specified situations and also permits recovery of ascertainable Government dues. However, the record did not disclose any departmental enquiry, any punishment imposed on the petitioner, or any finding that he had been held guilty of causing loss to the State Government. The reply also did not establish that the claimed amount constituted ascertainable Government dues within the meaning of the pension rules.

Conclusion: The respondents were not justified in withholding the petitioner's pensionary benefits, and the writ petition was allowed.

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