Deokinandan Prasad vs State Of Bihar & Ors on 4 May, 1971
6. The Hon'ble Supreme Court in the case of Deokinandan Prasad Vs.
State of Bihar., [1971] Suppl. SCR 634 held that pension is not bounty
payable at the sweet will and pleasure of the Govt.; instead the right
to pension is valuable right vested in a Govt. servant. The applicant who
has rendered service for so many years is entitled for pension and cannot be
withheld for any ground whatsoever. In the present case, signature of his
wife is not there and he has not submitted pension papers within time. It is
only an official obligation to complete formality within a prescribed time
but that cannot again deprive the legitimate right of getting pension. With
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regard to non-signature on pension papers by his wife, it is not a ground for
denying the pension as there is matrimonial dispute which can be decided
in due course of time. With regards to the contention that there is Court
Attachment Order amounting to Rs.14,95,333, be that as it may, though this
Tribunal is not in agreement that the Civil Court has jurisdiction for
attaching pension, since this order is passed by a Court, let it be challenged
before the appropriate forum.