STATE OF JHARKHAND & ORS. versus JITENDRA KUMAR SRIVASTAVA & ANR.

STATE OF JHARKHAND & ORS. versus JITENDRA KUMAR SRIVASTAVA & ANR.

In absence of statutory provision, State Government cannot withhold pension or gratuity during pendency of departmental or judicial proceedings; executive instructions or circulars not having force of law cannot override constitutional and statutory rights to pension and gratuity, which are recognized as property...

Source-derived case information.

Parties
Appellant: State of Jharkhand & Ors.; Respondent: Jitendra Kumar Srivastava & Anr.
Jurisdiction
India
Judgment Date
14 August 2013
Procedural Posture
Civil Appeal / Appeal From High Court Order
Outcome
Appeals dismissed with costs
Legal Topics
Pension, Gratuity, Withholding of Pension, Executive Instructions Versus Statutory Rules, Right to Property Under Article 300 a
Service Law Constitutional Law Pension Gratuity Withholding of Pension Executive Instructions Versus Statutory Rules Right to Property Under Article 300 a

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Parties

State of Jharkhand & Ors.

Appellant

Jitendra Kumar Srivastava & Anr.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Order

Legal Issues

  1. 1 Whether State Government can withhold a part of pension and/or gratuity during pendency of departmental/criminal proceedings in absence of provision in Pension Rules

Ratio Decidendi

In absence of statutory provision, State Government cannot withhold pension or gratuity during pendency of departmental or judicial proceedings; executive instructions or circulars not having force of law cannot override constitutional and statutory rights to pension and gratuity, which are recognized as property under Article 300A of the Constitution. Rule 43(b) of Bihar Pension Rules permits withholding only after findings of grave misconduct, not during pending proceedings.

Court Disposition

Appeals dismissed with costs

Orders

  • Appeals dismissed
  • Costs quantified at Rs. 10,000/- each