Search Results Page
Search Results
1 - 10 of 44 (0.36 seconds)Article 31 in Constitution of India [Constitution]
Section 89 in The Code of Civil Procedure, 1908 [Entire Act]
Deokinandan Prasad vs State Of Bihar & Ors on 4 May, 1971
20. The antequated notion of pension being a bounty, a
gratuitous payment depending upon the sweet will or
grace of the employer not claimable as a right and,
therefore, no right to pension can be enforced through
Court has been swept under the carpet by the decision of
the Constitution Bench in Deokinandan Prasad v. State of
Bihar [(1971) 2 SCC 330 : AIR 1971 SC 1409 : 1971
Supp SCR 634 : (1971) 1 LLJ 557] wherein this Court
Patna High Court CWJC No.6852 of 2021 dt.11-05-2022
18/38
authoritatively ruled that pension is a right and the
payment of it does not depend upon the discretion of the
Government but is governed by the rules and a
government servant coming within those rules is entitled
to claim pension. It was further held that the grant of
pension does not depend upon anyone's discretion. It is
only for the purpose of quantifying the amount having
regard to service and other allied matters that it may be
necessary for the authority to pass an order to that effect
but the right to receive pension flows to the officer not
because of any such order but by virtue of the rules.
Article 32 in Constitution of India [Constitution]
State Of West Bengal vs Haresh C. Banerjee & Ors on 30 August, 2006
39. Emphasizingly, the Hon'ble Supreme has held that
Patna High Court CWJC No.6852 of 2021 dt.11-05-2022
17/38
pensionary provisions must be given liberal construction
more so as a social welfare measure. It is not a bounty to be
dispersed contrary to the rules, but very basis for grant of
such pension is to facilitate a retired government employee,
live with dignity, in the winter of his life. This fundamental
principle must be kept in mind while taking action, depriving
benefits which ought not to be done, unreasonably, more so,
on technicalities. [V. Sukumaran v. State of Kerala, (2020) 8
SCC 106; State of W.B. v. Haresh C. Banerjee and others,
(2006) 7 SCC 651]
Article 226 in Constitution of India [Constitution]
Delhi Transport Corporation vs D.T.C. Mazdoor Congress on 4 September, 1990
In Delhi Transport Corporation
v. D.T.C. Mazdoor Congress & others, 1991 Supp(1)
SCC 600, while dealing with the constitutional
validity of Regulation 9(b) of the Delhi Road
Transport Authority (Conditions of Appointment and
Service) Regulations, 1952, enabling the employer to
terminate services of the employee by issuance of one
month notice or payment in lieu thereof, the Court held that:
D.K. Yadav vs J.M.A. Industries Ltd on 7 May, 1993
In M/s
Shantistar Builders (supra), the three primary actions of
human existence have been listed, and in D. K. Yadav (supra),
livelihood is recognized as a facet of Article 21.
Chameli Singh And Others Etc. vs State Of U.P. And Another on 15 December, 1995
In Chameli Singh & others v. State of U.P. &
another, (1996) 2 SCC 549 (Three Judges), the Apex Court
observed: