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JASGURPREET SINGH PURI
Anjana – Appellant
Versus
Haryana State Federation of Consumers Co-operative Wholesale Stores Ltd. – Respondent
JUDGMENT
Mr. Jasgurpreet Singh Puri, J. (Oral)
The present petition has been filed under Article 226 of the Constitution of India by a widow, who was about 50 years of age at the time of filing of petition in the year 2020. This is a second round of litigation by the petitioner for seeking the retiral benefits pertaining to her late husband which is not only a Statutory Right but also a Constitutional Right under Article 300A of the Constitution of India which provides that no person 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 was working as an Accountant from the year 1980 in the Haryana State Federation of Consumers Co-operative Wholesale Stores Ltd. (CONFED) (hereinafter referred to as 'CONFED'). He retired on 31.08.2015 after attaining the age of superannuation vide Annexure P-3. In the aforesaid order of superannuation, it was also ordered that his retiral dues will be released after finalization of the pending proceedings. Unfortunately, he died on 22.03.2017.
3. While the husband o
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....
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.
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....
A statutory corporation cannot withhold the post-retirement benefits of its retired employees without providing them with an opportunity of hearing.
The right to pension as a vested entitlement necessitates recognition of only legitimate dependents for the disbursement of retiral benefits, irrespective of the existence of previous marital ties.
The central legal point established in the judgment is that recovery from retiral dues after retirement is impermissible in certain situations, and the protection of pension and gratuity rights of re....
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