How many days can a bank withhold superannuation benefits?
I retired on 31 July 2015. Due to an inquiry, my superannuation benefit was withheld by the bank, my employer. The bank procrastinated and penalized me after 6 months. I appealed to a higher authority to overturn the punishment. Another 2 months passed, and currently, 9 months have gone by without receiving the benefits after working for 31 years. Is there a specific time limit regarding how long the superannuation benefit can be withheld?
From India, Ahmedabad
Acknowledge(0)
Amend(0)
I retired on 31 July 2015. Due to an inquiry, my superannuation benefit was withheld by the bank, my employer. The bank procrastinated and penalized me after 6 months. I appealed to a higher authority to overturn the punishment. Another 2 months passed, and currently, 9 months have gone by without receiving the benefits after working for 31 years. Is there a specific time limit regarding how long the superannuation benefit can be withheld?
From India, Ahmedabad
Acknowledge(0)Amend(0)
As long as the case is not closed the benefit can be withheld. On satisfactory clearance from employer you can demand for quick processing.
From India, Chennai
Acknowledge(0)Amend(0)
25From India, Chennai
Acknowledge(0)Amend(0)
What can be considered as Inordinate Delay in closing the case?
From India, Ahmedabad
Acknowledge(0)Amend(0)
From India, Ahmedabad
Acknowledge(0)Amend(0)
What are the benefits withheld? Does punishment awarded include any recovery from your superannuation benefits?
From India, Kochi
Acknowledge(0)Amend(0)
From India, Kochi
Acknowledge(0)Amend(0)
Gratuity, Leave encashment and commutation of pension are withheld. Pension without commutation is being paid since August 2015.
From India, Ahmedabad
Acknowledge(0)Amend(0)
From India, Ahmedabad
Acknowledge(0)Amend(0)
The present legal position is that gratuity and commutation of pension cannot be sanctioned until and unless the proceedings are concluded. As regards to Leave Encashment, the exact provision of Rule needs to be referred. Please ascertain whether the provision is similar to Rule 39(3) of CCS(Leave) Rules as applicable to Central Government Servants:
"The authority competent to grant leave may withhold the whole or part of the cash equivalent of earned leave in the case of a Government servant who retires from service on attaining the age of retirement while under suspension or while disciplinary or criminal proceedings are pending against him if, in the view of such authority, there is a possibility of some money becoming recoverable from him on conclusion of the proceedings against him. On conclusion of the proceedings, he will become eligible for the amount so withheld after the adjustment of Government dues, if any."
If so, you may take up the matter with the authority concerned if the facts and circumstances are in your favor.
From India, Kochi
Acknowledge(0)Amend(0)
"The authority competent to grant leave may withhold the whole or part of the cash equivalent of earned leave in the case of a Government servant who retires from service on attaining the age of retirement while under suspension or while disciplinary or criminal proceedings are pending against him if, in the view of such authority, there is a possibility of some money becoming recoverable from him on conclusion of the proceedings against him. On conclusion of the proceedings, he will become eligible for the amount so withheld after the adjustment of Government dues, if any."
If so, you may take up the matter with the authority concerned if the facts and circumstances are in your favor.
From India, Kochi
Acknowledge(0)Amend(0)Engage with peers to discuss and resolve work and business challenges collaboratively - share and document your knowledge. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Join & Be Part Of Our Community.
Creche under Maternity Benefit Act.pdf