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JASGURPREET SINGH PURI
Kaushalya Devi alias Kushaliya Devi – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Jasgurpreet Singh Puri, J. (Oral)
The present is a petition which has been filed by a widow, who is stated to be bed-ridden and has been running from pillar to post to seek justice. It is a second round of litigation by a widow for seeking the family pension which is not only a Statutory Right but also a Constitutional Right under Article 300-A of the Constitution of India which provides that nobody shall be deprived of his property except by the authority of law. Right to property has also been held to be a Human Right by the Hon'ble Supreme Court.
Factual Matrix:-
2. The facts of the present case are that the husband of the petitioner, namely, Sh. Gurmail Singh was working as Junior Scale Stenographer in the Office of Deputy Registrar, Cooperative Societies, Punjab at SBS Nagar. During the course of his service, an FIR No.141 dated 02.06.2005, under Sections 307 , 326, 324, 323, 148 & 149 IPC was lodged against him. He faced the trial and was convicted on 19.03.2014 and was sentenced to undergo imprisonment for a period of 3 years. The aforesaid Office of the Deputy Registrar, Cooperative Societies conveyed the information with regard to the conviction to the Head Office
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....
non-payment of leave salary and pension to retired employees is deprivation of a citizen in right to property. Such deprivation is violative of fundamental rights guaranteed under Article 21 and Cons....
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.
Pension and gratuity cannot be withheld without proper proceedings and findings of misconduct; Rule 43(c) requires adherence to principles of natural justice.
Point of law: The Government reserves to themselves the right of withholding a pension or gratuity, or both, either in full or in part, or withdrawing a pension in full or in part, whether permanentl....
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