SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1984 Supreme(SC) 170

D.A.DESAI, O.CHHINNAPPA REDDY
Deokinandan Prasad – Appellant
Versus
State Of Bihar – Respondent


Advocates:
D.GOVERDHAN CHARY, K.K.VENUGOPAL, L.M.SINGHVI, P.GOVINDAN NAYAR, R.K.JAIN, R.P.SINGH PAL, S.K.VERMA

Judgement Key Points

The Supreme Court emphasized that pension is a substantive right rather than a mere gratuity or bounty. It constitutes a property right under the constitutional guarantee of protection of property, specifically under Article 31 (now Article 300A). As a result, the government cannot deprive a retiree of their pension without following due process of law. Any attempt to take away or withhold pension benefits arbitrarily or without proper legal procedure would be unconstitutional, as it would violate the fundamental principles of justice and the constitutional protections afforded to property rights (!) (!) .


JUDGMENT

ORDER :— This is just to call amen to a heroic struggle waged by the petitioner in the fall of his life for recovering his hard-earned dues from heartless, unsympathetic and occasionally hostile bureaucracy. In an unequal fight between the mightly State and a retiree, judicial process at the apex Court had to interpose itself more than once to the balance heavily titled against the petitioner. The outcome is reassuring in that the wrong has been righted and a festering wound has healed but the frightening legacy of the whole episode is so disturbing that one shudders at the thought as to how after rendering long, meritorious and devoted service for 38 years the employee was thrown on the thorns of life and left to bleed.

2. A Constitution Bench of this Court in D. S. Nakara v. Union of India (1983) 2 SCR 165 posed three questions: What is a pension?, What are the goals of pension? and what public interest or purpose, if any, it seeks to serve?, and proceeded to answer the same inter alia that pension is not only a compensation for service rendered in the past but it has a broader significance in that it is a measure of socio-economic justice which inheres economic securit








Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top