Pension & gratuity cannot be withheld under executive instructions - Supreme Court
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Pension & gratuity cannot be withheld under executive instructions - Supreme Court

pca Started The Discussion:

Dear friends,

Supreme Court in its judgement dated 14th August 2013 (copy attached) has held that pension and gratuity cannot be withheld during pendency of departmental/criminal proceedings under executive instructions in the absence of any provision in the pension rules.

The court has held that the right to receive pension is recognised as right to property and a person cannot be deprived of his pension without authority of law which is constitutional mandate in Article 300-A of the constitution. The court has held that executive instructions do not have statutory character and cannot be termed as law within the meaning of Article 300A. [State of Jharkhand v. Jitendra Kumar Srivastava, Civil Appeal No.6770 of 2013 decided on 14th August 2013].


Thanks


Attached FilesProvided by community member pca. Join us to learn and grow with your peers.
File Type: pdf SC on withholding of pension & gratuity 14.8.2013.pdf (235.2 KB, 445 views)
sumitk.saxena - Member Since: Nov 2007
thanks for this nice updation keep it up. Thanks & Regards, From, sumit kumar saxena

Raj Kumar Hansdah - Member Since: Jun 2009
Thanks for the contribution !!!

Its a great judgement and must be highly appreciated by all concerned.
It provides relief from misery and hardships to families of innocent employees, which suffer as these cases/proceedings continue for years, after which the ex-employee gets exonerated.

Warm regards.

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