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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, RAJESH KUMAR
State of Bihar through the Secretary, Food and Consumer Protection Department, Government of Bihar – Appellant
Versus
Savitri Devi, wife of Late Joy Kumar Mahto – Respondent
| Table of Content |
|---|
| 1. acceptance of supplementary documents. (Para 1 , 2 , 3 , 4) |
| 2. facts of employment and pension claim. (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 3. arguments presented by parties. (Para 18 , 19 , 20 , 21 , 22) |
| 4. nature of pension as a right. (Para 23 , 24 , 25 , 26 , 27 , 28) |
| 5. impact of epf account on pension entitlements. (Para 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36) |
| 6. judicial findings on the non-eligibility for pension. (Para 37 , 38 , 39) |
| 7. conclusion and quashing of previous order. (Para 40 , 41 , 42 , 43) |
JUDGMENT :
Sujit Narayan Prasad, J.
1. Learned counsel for the appellant-State of Bihar, at the outset, has submitted that one interlocutory application being I.A. No. 3134 of 2016 had been filed on 12.05.2016 for accepting the supplementary affidavit dated 12.05.2016 to rely upon the fact that the deceased employee, original petitioner, had shifted to EPF Scheme.
2. It has also been submitted that one supplementary affidavit had also been filed on 08.01.2015 for relying upon the service book of the deceased employee since the same was not brought to the notice of the learned writ court.
3. Learned counsel for the appellant-State of Bihar has submitted that the service b
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.
Point of Law : A person cannot be deprived of this pension without the authority of law, which is the Constitutional mandate enshrined in Article 300 A of the Constitution.
The main legal point established in the judgment is that the total length of service is to be taken into account for computing the pensionary benefits, subject to the employee depositing the CPF for ....
Pension rights are deemed property under constitutional law, thus cannot be arbitrarily denied or withheld.
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