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1 - 4 of 4 (1.25 seconds)State Of Jharkhand & Ors vs Jitendra Kumar Srivastava & Anr on 14 August, 2013
In State of Jharkhand v. Jitendra Kumar Srivastava,3
the Supreme Court reiterated that pension and gratuity are earned benefits
and partake the character of property. Such a right cannot be taken away
except by authority of law. Therefore, curtailment of such a right must
faithfully follow the statute, regulation or rule which authorises it.
Vijay Kumar Agarwal vs Chairman And Managing Director Central ... on 26 July, 2021
20. This position now stands settled by the Supreme Court in Vijay
Kumar v. Central Bank of India,1 while construing Regulation 33 of the
Central Bank of India (Employees') Pension Regulations, 1995, a provision
materially similar to the one involved here. The Supreme Court held that
sub-regulations (1) and (2) of Regulation 33 must be read together, and that
whenever pension lower than the full pension admissible is awarded to an
employee compulsorily retired as a penalty, prior consultation with the
Board is mandatory. The Court rejected the contention that consultation is
necessary only in a limited class of cases, and treated prior Board
Signature Not Verified
Dgitally Signed W.P.(C) 683/2020 Page 8 of 16
By:AKANSHA SINGH
Signing Date:16.05.2026
15:29:16
consultation as a substantive safeguard before a pensionary entitlement,
protected as property under Article 300A, is curtailed. Post-decisional
approval cannot cure the absence of prior consultation.
Ashok Kumar Sawhney vs Central Bank Of India & Anr on 16 May, 2019
21. This Court, in Ashok Kumar Sawhney v. Central Bank of India,2 had
also examined a reduction of pension by one-third after compulsory
retirement. The Division Bench treated Regulation 33 as requiring strict
adherence where the Bank seeks to pay less than full pension. That decision
rests on a simple but important principle: a pension cut after compulsory
retirement is not a mechanical sequel to the penalty. It is a distinct decision
under the Pension Regulations and must satisfy the procedure prescribed by
those Regulations.
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