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ANOOP KUMAR DHAND
Dayachand Arya, S/o. Shri Chetram Arya – Appellant
Versus
State of Rajasthan, Through Secretary-Cum Commissioner to the Govt. Rural Development And Panchayati Raj Department, Govt. of Rajasthan – Respondent
ORDER :
1. “Withholding of pension and other retiral benefits of a retired employee for years together is not only illegal and arbitrary act but also a sin though not an offence since no law has declared so.”, [Sant Lal V. Chief Audit Officer and Ors., 2016 SCC OnLine All. 2916]
2. “The pain and torture faced by a retired employee and his family in the circumstances created by the authorities, can be easily visualized and felt but cannot be assessed in the way only those who really suffer, know it. This pain and humiliation cannot be compensated in terms of money.”, [Sant Lal V. Chief Audit Officer and Ors., 2016 SCC OnLine All. 2916]
3. Instant case is a glaring example where the petitioner retired more than half a decade back but did not receive the pension and retiral benefits. Fighting for his rights against the cruel system for years, the petitioner knocked the doors of the temple of justice, by way of filing this petition.
4. Instant petition has been filed by the petitioner with the following prayer:-
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.
In the absence of specific provisions empowering the employer to withhold the pension of an employee, the same cannot be withheld, especially after the employee has been acquitted from criminal charg....
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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