Delhi HC: No pension cut for disclosing live-in partner as wife | Quick Digest
The Delhi High Court has set aside a 50% pension cut imposed on a retired government employee for listing his live-in partner as his wife in official records, ruling it was not 'grave misconduct' given consistent disclosure. The court ordered the release of withheld pension with interest and directed the Centre to consider family pension for the live-in partner and children.
Delhi HC overturned 50% pension cut for a retired government employee.
Employee disclosed live-in partner as wife without legal divorce.
Court ruled actions were not 'grave misconduct' due to consistent disclosure.
Pension and gratuity, with 6% interest, ordered to be released.
Centre directed to consider live-in partner for family pension.
The judgment sets a precedent for live-in relationships and pension rights in India.
The Delhi High Court, in a significant ruling, has set aside a 50 percent pension and gratuity cut imposed on a retired government employee for disclosing his live-in partner as his wife in official records. The case, Birendra Singh Kunwar v. Union of India, involved a former Research and Analysis Wing (RAW) officer whose first wife had deserted him in 1983, after which he began cohabiting with Ms. Manihal Devi and had two children. Despite facing a departmental penalty in 1990 for neglecting his wife and living with another woman, he consistently disclosed his live-in relationship throughout his service.
The punitive pension cut stemmed from his attempt in 2008 to include his live-in partner and their children in official documents for diplomatic passports, listing her as his 'wife.' The department deemed this 'grave misconduct' and 'lack of integrity' under the Central Civil Services (Pension) Rules, 1972. However, a bench of Justices Navin Chawla and Madhu Jain overturned a 2018 Central Administrative Tribunal (CAT) order that had upheld the penalty. The High Court emphasized that the employee's continuous disclosure of his relationship meant there was no concealment or malafide intent to defraud the department.
The court explicitly stated that his actions did not fall within the ambit of 'grave misconduct' or 'negligence' as contemplated by the rules. Consequently, it directed the immediate release of the withheld 50% of his monthly pension and gratuity, along with 6% interest per annum from August 1, 2012, when the payments became due. Furthermore, the court instructed the Centre to consider the petitioner's plea to include Ms. Manihal Devi and their children in the Pension Payment Order for family pension and healthcare facilities. This judgment marks a progressive stance on the recognition of live-in relationships in the context of government service benefits in India.
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