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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
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 book since is not a disputed document and the same is having bearing upon the issue, hence, the same may be taken into consideration for proper consideration of the issue.
4. No rebuttal reply has been filed to the said interlocutory application as also to the supplementary affidavit.
5. We have heard the learned counsel for the parties and after going through the same, has found that the service book has been brought on record by filing supplementary affidavit dated 08.01.2015 for the purpose of consideration of the lis.
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.
Pension is a constitutional right, and procedural defects should not prevent its disbursement unless fraud is proven.
Pension rights are vested and cannot be arbitrarily denied; disciplinary actions post-retirement must adhere to statutory limits prohibiting proceedings for incidents beyond four years.
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