Allegations In Matrimonial Disputes Must Be Specific And Supported By Foundation Facts To Avoid Abuse Of Process: Supreme Court Supreme Court Modifies Sentence To Period Already Undergone Citing Medical Condition And Expression Of Remorse Qualification Of '10+2 System' Cannot Be Equated With Other Certifications Absent An Equivalence Clause: Supreme Court Essential Qualifications In Recruitment Cannot Be Diluted Or Subject To Judicial Equivalence: Supreme Court Court Has Discretion To Decide Genuineness Of Signature By Comparison; Not Essential To Invoke Expert Opinion In All Cases: Supreme Court Civil Disputes Cannot Be Converted Into Criminal Offences To Recover Money: Supreme Court Quashes FIR Under Section 420 IPC Taxing Authorities Must Classify Goods Based On Form At Time Of Sale, Not End Use: Supreme Court Suit For Declaration Of Status Must Seek Consequential Relief To Avoid Bar Of Proviso: Allahabad High Court Illegal Detention | Police Failure To Maintain CCTV Footage Invokes Adverse Presumption Under Sec 119 BSA Against State: Allahabad High Court Section 138 NI Act | Accused Rebuts Presumption By Proving Intimation Of Misplaced Cheque To Bank And Lack Of Documentation For Alleged Settlement: Andhra Pradesh High Court Garnishee Proceedings Under CPC | Disputed Debt Cannot Be Summarily Adjudicated Without Leading Evidence: Bombay High Court Criminal Procedure (Identification) Act 2022 | Magistrate’s Power Under Section 5 To Direct DNA Profiling Is Not Conditional Upon Consent: Calcutta High Court Conviction Based On 'Assumption And Presumption' Cannot Be Sustained: Bombay High Court Acquits Husband Limitation Act | Suit For Specific Performance Must Be Filed Within Reasonable Time Even If No Date For Performance Is Fixed: Delhi High Court Enrolment As Advocate | Bar Council Must Consider 'Equivalent Qualifications' Under Rule 4(a) Rules Of Legal Education: Karnataka High Court Section 482 BNSS | Pre-Arrest Bail Is Not A Matter Of Course; Must Show Special Case For Invoking Extraordinary Jurisdiction: Kerala High Court Hindu Succession Act | A Co-parcener Cannot Alienate Entire Property; Non-Impleaded Legal Heir Not Bound By Previous Decree: Madras High Court Purchaser During Pendency Of Suit Bound By Compromise Decree, Cannot Treat It As Void In Collateral Proceedings: Punjab & Haryana High Court Order 23 Rule 1-A CPC | In Partition Suits, Defendants Asserting A Share Can Seek Transposition If Original Plaintiffs Withdraw: Patna High Court Section 69 BNS | Suppression Of Subsisting Marriage Or Live-In Relationship During Marriage Proposal Constitutes 'Deceitful Means': Kerala High Court Anticipatory Bail | Mere Apprehension Of Investigating Agency Is Insufficient To Deny Bail Without Demonstrating Necessity Of Custodial Interrogation: Telangana High Court Income Tax Evasion | Criminal Prosecution Under Section 276C IT Act Cannot Sustain Once Foundation Assessment Order Is Set Aside: Punjab & Haryana High Court Election Petition Must Be Presented By Petitioner In Person, Non-Compliance Renders It Liable To Summary Dismissal: Supreme Court Absence Of Recovery Or Evidence Of Stolen Property Precludes Conviction Under Section 394 IPC: Supreme Court

Pension is a Right, Not a Bounty: Jharkhand High Court on Pensionary Benefits

07 May 2024 8:19 AM

By: Admin


High Court Orders Immediate Release of Pension, Gratuity, and Other Benefits to Former Lecturer Despite Pending Criminal Cases

In a significant ruling, the Jharkhand High Court at Ranchi, presided over by Hon’ble Dr. Justice S.N. Pathak, has directed the immediate release of pension, gratuity, group insurance, and leave encashment benefits to Shanti Devi, a former lecturer, despite the pendency of criminal cases against her. The judgment underscores that the mere pendency of criminal cases without conviction is insufficient grounds for withholding pensionary benefits. The decision reaffirms pension as a property right under Article 300A of the Indian Constitution, aligning with several precedents set by the Supreme Court of India.

Shanti Devi, the petitioner, served as a lecturer at various institutions and was also appointed as a member of the Jharkhand Public Service Commission. During her service, multiple criminal cases were filed against her, resulting in her suspension and subsequent retirement under Section 67 of the Jharkhand State Universities Act, 2000. Despite being acquitted in some cases and not convicted in others, her pensionary benefits were withheld by the authorities on the grounds of the pending criminal cases.

The court emphasized that pension and other retiral benefits are not discretionary but are earned by employees through their service. “Pension is not a bounty payable on the sweet will and pleasure of the Government,” the judgment quoted from the Supreme Court’s ruling in Deokinandan Prasad v. State of Bihar.

Justice Pathak cited several key judgments, including D.S. Nakara v. Union of India, which described pension as a deferred salary and a right, not a gratuitous payment. The judgment also referenced State of Jharkhand v. Jitendra Kumar Srivastava, highlighting that pension cannot be withheld without specific statutory provision, reaffirming it as a constitutional right under Article 300A.

The court extensively discussed the principles governing the withholding of pensionary benefits. It ruled that the absence of any departmental proceedings against the petitioner further invalidated the grounds for withholding her benefits. The court stated, “In the absence of any specific rules, pension being a right in ‘property’ cannot be withheld, and the same is impermissible.”

Justice S.N. Pathak remarked, “Pension, as well known, is not a bounty. It is treated to be a deferred salary. It is akin to the right of property.” This statement encapsulates the court’s stance on the inviolability of pension rights irrespective of pending criminal cases.

The Jharkhand High Court’s decision to allow the writ petition and direct the respondents to release Shanti Devi’s pensionary benefits within 12 weeks sets a strong precedent. It sends a clear message that the pendency of criminal cases without conviction cannot be a basis for denying pension rights. This judgment is likely to impact future cases significantly, reinforcing the legal framework protecting the rights of retired employees.

 

Date of Decision: 16th May 2024

Shanti Devi v. The State of Jharkhand & Ors.

Latest Legal News