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SANJAY KAROL, S. KUMAR
District Manager, Bihar State Food and Civil Supplies Corporation Ltd. Begusarai – Appellant
Versus
Anuradha Devi, wife of Late Ashok Kumar Singh – Respondent
JUDGMENT :
Sanjay Karol, J.
(The proceedings of the Court are being conducted by Hon'ble the Chief Justice/Hon'ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.)
We are faced with the following issues:-
(ii) Is not the State’s relationship with its employee that of a trust, with a belief of a fair and just treatment in the process of disbursement of retiral dues and benefits?
(iii) Is not the State obliged to give prior information to the employee/ his legal heir(s) of deducting/retaining/withdrawing certain amount of money as pension?
(iv) Whether the right of an employee to receive pension in terms and under the Rules, is a constitutional right?
(v) Whether such a right can be curtailed without following due process of law?
(vi) Whether the retiral dues and benefits of the deceased employee can be withheld/deducted without initiation of disciplinary proceedings?
2. The present Letters Patent Appeal, under Clause 10 of Appendix E of the Letters Patent of the Rules of the High Court at
Point of Law : It is clear like a noon day that the retiral dues of an employee like petitioner cannot be allowed to withhold because the documents were not received by any department from other depa....
Pension is a constitutional right and cannot be withheld without lawful authority; delays in payment warrant interest.
A pension is a right under constitutional law, and its claim can be waived if alternative benefits are accepted, as evidenced in this case by the employee's adoption of the EPF Scheme.
Pension is a valuable right protected under Article 300A of the Constitution, and cannot be denied without due process. Recovery from a deceased employee's benefits is unlawful without established li....
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