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Anonymous
HOW MANY DAYS A BANK CAN WITHHOLD SUPERANNUATION BENEFIT.
I retired on 31 July 2015. Due to enquiry, my superannuation benefit was withheld by the Bank, my employer. Bank dilly dallied and gave me punishment after 6 months. I appealed to higher authority to set aside the punishment. Further 2 months elapsed. 9 moths running , I am yet to get the benefits after working for 31 years. Is there any time limit as to how many days the superannuation benefit can be withheld?

From India, Ahmedabad
HR Mohankumar
20

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
Anonymous
What can be considered as Inordinate Delay in closing the case?
From India, Ahmedabad
pvenu1953@gmail.com
115

What are the benefits withheld? Does punishment awarded include any recovery from your superannuation benefits?
From India, Kochi
SUMITDIPTA
Gratuity, Leave encashment and commutation of pension are withheld. Pension without commutation is being paid since August 2015.
From India, Ahmedabad
pvenu1953@gmail.com
115

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 whole or part of 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 to the amount so withheld after adjustment of Government dues, if any. "

If so, you may take up the matter with the authority concerned if facts and circumstances are in your favour.

From India, Kochi
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