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:-

(i) What should be the role of the State as a model employer?

(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