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1 - 3 of 3 (1.47 seconds)D.S. Nakara & Others vs Union Of India on 17 December, 1982
6. By now, the position in this behalf is well-settled. The Constitution
Bench of the Apex Court in D. S. Nakara & ors v. Union of India reported in AIR
1983 SC 130 where the Supreme Court had an occasion to consider the question
as to whether pension is a bounty and a gratuitous payment depending upon the
sweet will or grace of the employer not claimable as a right and as to whether the
same can be enforced through Court.
Devaki Nandan Prasad vs State Of Bihar & Ors on 22 April, 1983
The Apex Court relying upon its earlier
Constitution Bench judgment in the case of Deoki Nandan Prasad v. State of Bihar
reported in AIR 1971 SC 1409, has held 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. In this view of the matter, we will have to consider the claim of the
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petitioners in the present case.
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