Supreme Court · 2013 INSC 536 · Decided 14 August 2013
State of Jharkhand & ORS. v. Jitendra Kumar Srivastava & ANR.
- Court
- Supreme Court of India
- Citation
- 2013 INSC 536 · [2013] 8 S.C.R. 177
- Case number
- CIVIL APPEAL No. 6770/2013
- Decided
- 14 August 2013
- Bench
- K.S. RADHAKRISHNAN, A.K. SIKRI (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 300A
Headnote
Service Law - Pension - State Government withholding A B a part of pension and/or gratuity during pendency of departmental/ criminal proceedings, in apsence of any such C provision in the Pension Rules - Propriety - Held: Gratuity and pension are not bounties - It is hard earned benefit which and is in the nature of "property" - This right to property cannot be taken away without due process of law as per Article 300 A of the Constitution - D Present case governed by Bihar Pension Rules, as applicable to the State of Jharkhand - Rule 43(b) of the Pension Rules made it clear
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