Can gratuity be withheld despite Gratuity Act overriding pension rules?
I retired from a Group B officer post in the Haryana Government on 31.08.2025. At the time of retirement, disciplinary proceedings were pending, and the department withheld my gratuity by invoking Rule 81(1)(c) of the Haryana Pension Rules. However, Section 14 of the Payment of Gratuity Act, 1972 has an overriding effect, and the Act does not permit withholding gratuity due to pending disciplinary proceedings. Please advise on the legal remedy available.
Under Section 14 of the Payment of Gratuity Act, 1972, the Act overrides service rules. Gratuity cannot be withheld merely due to pending disciplinary proceedings unless there is a final order for forfeiture as per the Act. You can file a claim before the Controlling Authority under the Gratuity Act for release of gratuity with interest. For further legal assistance contact us on our helpline number.
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