Suspension Period Treated As Extra-Ordinary Leave Cannot Count Towards Pensionable Service For Convicted Govt Servant: Sikkim High Court

The Sikkim High Court has held that a government servant convicted in a criminal case was not entitled to pension after failing to complete the mandatory 10 years of qualifying service under the Sikkim Services (Pension) Rules, 1990. The Court observed that since the petitioner's suspension period had been validly treated as extra-ordinary leave, it could not be reckoned for qualifying service, leaving him with only 9 years, 5 months and 20 days of eligible service.Chief Justice A. Muhamed Mustaque, remarked that: “Rule 25 of the Sikkim Services (Pension) Rules, 1990 mandated a minimum of 10 years' qualifying service for grant of pension. Since the petitioner's suspension period had validly been treated as extra-ordinary leave, that period could not be counted toward qualifying service”. Background:The petitioner, a government school employee, had been placed under suspension after being convicted by a criminal court for offences under Sections 420, 468, 471 read with Section 465 of the Indian Penal Code. His conviction was subsequently affirmed up to the Supreme Court level. Although he attained the age of superannuation in 2017, he continued to receive subsistence allowance amounting to 75% of his salary until July 31, 2019. Later, by an order dated June 30, 2021, the authorities imposed the major penalty of compulsory retirement. Aggrieved by the action, the petitioner approached the High Court seeking quashing of the compulsory retirement order and directions for payment of pension and remaining salary dues. The Court noted that the petitioner had been convicted for offences involving cheating and forgery and that the conviction had been affirmed up to the Supreme Court. The Bench observed that the order of compulsory retirement was imposed only after the conviction attained finality.The Court upheld the authorities' decision to treat the suspension period as extra-ordinary leave, noting that the petitioner's conviction had been affirmed by the appellate courts and that the suspension was justified. The Court also noted that the petitioner never challenged the suspension order and continued to receive subsistence allowance during the period.The Court reiterated that As per the Rule 17 of the Sikkim Services (Pension) Rules, 1990, period of suspension treated as extra-ordinary leave, shall not count as a qualifying service.The Court made strong observations regarding the petitioner having continued to receive subsistence allowance even beyond the age of superannuation and termed the situation as “unlawful enrichment.”Thus, the Court dismissed the writ petition. Case Name: Ram Bahadur Das v/s State of SikkimCase No.: W.P. ( C) No.14 of 2025Click Here To Read/Download Order

Suspension Period Treated As Extra-Ordinary Leave Cannot Count Towards Pensionable Service For Convicted Govt Servant: Sikkim High Court

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