Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Retiral Benefits Service Law Pension |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law: Retiral benefits – 10% of pension and full amount of gratuity – Withholding of – On account of pending criminal proceedings – On the basis of Circulars dated 22.8.1974 and 31.10.1974 r/w. Government Resolution dated 31.7.1980 – Challenged in writ petition – Single Judge of High Court dismissed the petition – Order affirmed in LPA – Appeal to Supreme Court – Held: Rule 43(b) of Bihar Pension Rules, 1950 which provides for withholding of pension does not cover a situation where judicial or departmental proceedings are pending – The Circulars and the Government Resolution being administrative/executive orders (not issued in exercise of the power u/Art. 309 of Constitution) have no force of law – Right to receive pension and gratuity are right to property protected under Art. 300A of the Constitution – It cannot be taken away by an executive fiat or administrative instruction – In absence of statutory Rules, State could not have withheld the pension and gratuity on the basis of executive instructions – Therefore, the State was unjustified in withholding 10% pension – However, after amendment of r. 43 on 19.7.2012 by insertion of clause(c), State is empowered to withhold 10% of pension amount – State is directed to release the 10% of pension amount from 31.3.2008 (date of superannuation) till 19.7.2012 – As per r. 27 of Pension Rules, ‘pension’ includes ‘gratuity’ – Therefore, entire gratuity amount also could not have been withheld – State is directed to release 90% of the gratuity amount – Bihar Pension Rules, 1950 – rr. 43 and 27. |
Judge | Hon'ble Ms. Justice Indu Malhotra |
Neutral Citation | 2020 INSC 204 |
Petitioner | Dr. Hira Lal |
Respondent | State Of Bihar & Ors. |
SCR | [2020] 2 S.C.R. 907 |
Judgement Date | 2020-02-18 |
Case Number | 1677 |
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