March 24, 2014

Pentionary Benifits Can not be with held even though During the Pendancy of Departmental / Crimilal Proceedings


 May be this info usefull to many of Victims but I know I am attracting the gredge of Many Head of Departments. Im least bothered.  The question here is can the State Government  withhold a part of pension
and/or gratuity during the pendency of departmental/ criminal proceedings?

Most Officer will with hold, and as I know Many Victims there
But OUR HON: SUPREME COURT OF INDIA SAYS >>>>> NO, NEVER


The verdict clearly says that
pension is not a bounty payable on the sweet
will and pleasure of the Government and that, on the other hand, the right to pension is a valuable
right vesting in a government servant.
2013 Legal Eagle(SC) 564
IN THE SUPREME COURT OF INDIA
Equivalent Citations : 2013 AIOL 529 : 2013 (11) JT 351 : 2013 (10) Scale 310 : 2013 (6)
Supreme 5 : 2013 AIR(SCW) 4749
Before : K.S.Radhakrishnan, A.K.Sikri
State of Jharkhand & Ors.
Versus
Jitendra Kumar Srivastava & Anr.
Case No. : Civil Appeal No. 6770 of 2013 (Arising out of Special Leave Petition (Civil) No. 1427
of 2009) With C.A. No. 6771 of 2013 (Arising out of SLP (C) No. 1428 of 2009)
Date of Decision : 14-Aug-2013

Any one Interested to get the full verdict, Please do mail me : kannan.sreenivas@gmail.com

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