SC:Right to receive Pension can’t be taken away Pending Proceedings
Supreme Court ruled that the right to receive pension cannot be taken away from a government employee pending criminal proceedings
The Supreme Court of India on 20 August 2013 ruled that the right to receive pension cannot be taken away from a government employee pending departmental or criminal proceedings. A bench of justices K S Radhakrishnan and A K Sikri observed that gratuity and pension are hard earned benefits of an employee and right to receive pension is in the nature of property.
The Supreme Court gave the judgement while dismissing the appeal of Jharkhand government against the state's High court order. The High court order had directed the state government to release the withheld dues of its retired employee Jitendra Kumar Srivastava, who had criminal cases pending against him.
Supreme Court opined that the right of the petitioner to receive pension is property under Article 31(1) of the Constitution of India and the state had no power to withhold the same by an executive order.