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JASGURPREET SINGH PURI
Kaushalya Devi alias Kushaliya Devi – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. petitioner seeks family pension rights. (Para 1 , 2 , 3 , 4) |
| 2. disciplinary action post-retirement. (Para 5 , 6) |
| 3. arguments for pension entitlement. (Para 7 , 8) |
| 4. court's dissection of impugned order. (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 5. right to pension as human right. (Para 15 , 16 , 17 , 18 , 19 , 20) |
| 6. pension not a bounty; it's a right. (Para 21 , 22) |
| 7. court sets aside impugned order. (Para 23) |
| 8. order for benefits payment and costs. (Para 24 , 25) |
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 i
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.
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