Supreme Court of India

State of Jharkhand & Ors. v. Jitendra Kumar Srivastava & Anr.

Neutral citation

Reported as [2013] 8 S.C.R. 177

Bench K.S. Radhakrishnan and A.K. Sikri JJ.

Decided 14 August 2013

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

7 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that the right of the petitioner to receive pension is property under Article 31 (1) and by a mere executive order the State had no power to withhold the same.

Judgment, page 15

From the headnote

Service Law - Pension - State Government withholding a part of pension and/or gratuity during pendency of departmental/ criminal proceedings, in apsence of any such provision in the Pension Rules - Propriety - Held: Gratuity and pension are not bounties - It is hard earned benefit which accrues to an employee and is in the nature of "property" - This right to property cannot be taken away without due process of law as per Article 300 of the Constitution - Present case governed by Bihar Pension Rules, as applicable to the State of Jharkhand - Rule 43(b) of the Pension Rules made it clear that

Authorities it was built on

1982 D.S. Nakara & Others v. Union of India cited by 127
1971 Deokinandan Prasad v. State of Bihar & Ors. cited by 25
1968 State of Madhya Pradesh v. Ranojirao Shinde & Anr. cited by 11
2006 State of West Bengal v. Haresh C. Banerjee and Ors. cited by 3

Where later benches applied it

2026 Bhikhani Devi and Etc. v. Union of India relied on
2023 R Sundaram v. The Tamil Nadu State Level Scrutiny Committee & Ors. relied on
2020 Dr. Hira Lal v. State of Bihar & Ors. relied on
2026 Union of India through its Secretary v. Sgt Girish Kumar and Ors. referred to
2023 B. S. Hari Commandant v. Union of India & Ors. referred to
2016 State of H.P. & Ors. v. Rajesh Chander Sood Etc. Etc. referred to
2023 State of Orissa & Anr. v. Orissa Khadi and Village Industries Board Karamchari Sangh & Anr not applicable

Of those, 3 relied on · 3 referred to · 1 not applicable

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