New Delhi, July 12 -- Government employees cannot be denied pension and other retirement benefits solely because they remained absent from work without sanctioned leave, the Orissa High Court has ruled. The court held that unauthorised absence, by itself, does not amount to grave misconduct warranting compulsory retirement unless the employer establishes that the absence was wilful.

The judgment came in the case of a railway employee whose retirement benefits were curtailed after disciplinary proceedings were initiated over his prolonged absence from duty. Allowing his petition, the High Court directed the Railways to recalculate and release his pension, gratuity, leave encashment and other retiral benefits, besides paying 50% back wages...