Retired ESIS Medical Officer seeks release of pension amid delayed enquiry | Representational Image
Mumbai: A retired Medical Officer, R B Gaikwad from ESIS Hospital, Mulund, has approached the Maharashtra Administrative Tribunal (MAT) seeking the release of his retirement benefits, citing a delay in the initiation of a Joint Departmental Enquiry (JDE) into alleged misappropriation of government funds at the hospital.
In his application, the petitioner argued that he has been deprived of his retirement benefits — including regular pension and gratuity — to which he is rightfully entitled. The applicant retired on May 31, 2023, after serving as a Medical Officer (Group A) and briefly holding additional charge as Medical Superintendent between January 2011 and June 2012.
The problems faced by the applicant stem from an alleged case involving misappropriation of approximately Rs 1.62 crore between 2011 and 2017 through inflated medicine prescriptions at the ESIS Hospital. FIRs were registered in 2018 at Mulund Police Station against nine pharmacists and two Resident Medical Officers.
The applicant, along with eight others who held additional charge as Medical Superintendents during that period, is now proposed to be included in a Joint Departmental Enquiry.
Reports in the case state that no departmental enquiry has been initiated to date. A revised proposal to institute a JDE was submitted to the Public Health Department on January 24, 2025, but no final decision has been made.
The tribunal order noted: “The Commissioner, ESIS Maharashtra State, Mumbai, has already submitted a revised proposal to the Public Health Department on 24.01.2025 for the institution of a Joint Departmental Enquiry. Against this backdrop, the Secretary of the Public Health Department is informed that since no such enquiry has yet been instituted, it would not be justifiable to withhold the applicant’s regular pension, which became his entitlement from the date of retirement as a Medical Officer (Group A) on 31.05.2023.Information should also be provided on whether regular pension is being paid to any of the nine similarly placed government servants who also held additional charge as Medical Superintendents at ESIS Hospital, Mulund, in order to assess whether there is any instance of invidious discrimination against the applicant.”
The application stated that while the applicant received provisional pension up to May 3, 2024, payment of his gratuity and regular pension continues to be withheld. The tribunal also noted that the disbursement of the applicant’s General Provident Fund (GPF) and Government Insurance Scheme (GIS) amounts was delayed.
The tribunal emphasized that unless a JDE is promptly instituted under Rule 27 of the MCS (Pension) Rules, 1981, withholding the regular pension may not be legally sustainable. It further directed the Secretary of the Public Health Department to clarify whether similarly placed individuals — those who held additional charge as Medical Superintendents — are receiving pension, to determine if the applicant is being unfairly singled out.
