SC says right to pension cannot be take away pending proceedings
According to the apex court, gratuity and pension are hard earned benefits of an employee and right to receive pension is in the nature of 'property'
The Supreme Court on Tuesday said right to receive pension could not be taken away pending departmental or criminal proceedings from a government employee.
The apex court observed that gratuity and pension are hard-earned benefits of an employee and right to receive pension is in the nature of 'property'.
A bench of justices KS Radhakrishnan and AK Sikri said, "This right to property cannot be taken away without the due process of law as per the provisions of Article 300 A of the Constitution of India".
"It is an accepted position that gratuity and pension are not the bounties. An employee earns these benefits by dint of his long, continuous, faithful and un-blemished service. It is thus hard earned benefit which accrues to an employee and is in the nature of "property," the SC added.
The apex court also dismissed an appeal filed by Jharkhand government against the High Court order directing it to release the withheld dues of its retired employee Jitendra Kumar Srivastava, who had criminal cases pending against him.
"We are of the opinion that the right of the petitioner (Srivastava) to receive pension is property under Article 31(1) (of the Constitution) and by a mere executive order the State had no power to withhold the same," the SC said
"...The order dated 12 June 1968 denying the petitioner right to receive pension affects the fundamental right of the petitioner under Articles 19(1)(f) and 31(1)of Constitution, and as such the writ petition under Article 32 is maintainable," the Bench said.
It also said "a person cannot be deprived of this pension without the authority of law, which is the Constitutional mandate enshrined in Article 300 A of the Constitution. It follows that attempt of the appellant to take away a part of pension or gratuity or even leave encashment without any statutory provision and under the umbrage of administrative instruction cannot be countenanced.
The Supreme Court on Tuesday said right to receive pension could not be taken away pending departmental or criminal proceedings from a government employee.
The apex court observed that gratuity and pension are hard-earned benefits of an employee and right to receive pension is in the nature of 'property'.
A bench of justices KS Radhakrishnan and AK Sikri said, "This right to property cannot be taken away without the due process of law as per the provisions of Article 300 A of the Constitution of India".
"It is an accepted position that gratuity and pension are not the bounties. An employee earns these benefits by dint of his long, continuous, faithful and un-blemished service. It is thus hard earned benefit which accrues to an employee and is in the nature of "property," the SC added.
The apex court also dismissed an appeal filed by Jharkhand government against the High Court order directing it to release the withheld dues of its retired employee Jitendra Kumar Srivastava, who had criminal cases pending against him.
"We are of the opinion that the right of the petitioner (Srivastava) to receive pension is property under Article 31(1) (of the Constitution) and by a mere executive order the State had no power to withhold the same," the SC said
"...The order dated 12 June 1968 denying the petitioner right to receive pension affects the fundamental right of the petitioner under Articles 19(1)(f) and 31(1)of Constitution, and as such the writ petition under Article 32 is maintainable," the Bench said.
It also said "a person cannot be deprived of this pension without the authority of law, which is the Constitutional mandate enshrined in Article 300 A of the Constitution. It follows that attempt of the appellant to take away a part of pension or gratuity or even leave encashment without any statutory provision and under the umbrage of administrative instruction cannot be countenanced.
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