Service Law

Pension

— Withholding of — Held, can be withheld under an authority of law — R. 10(1) of W.B. Services (Death-cum-Retirement Benefit) Rules, 1971 — Constitutionality — Providing for withholding of withdrawal of pension and recovering therefrom any pecuniary loss caused to the Govt. if in departmental/judicial proceeding the pensioner found to have been guilty of grave misconduct or negligence during period of his service — Held, R. 10(1) intra vires Arts. 19(1)(f) and 31(1), as they stood in 1971 when the Rules were framed under proviso to Art. 309, the rule being an authority of law, (2006) 7 SCC 651-A

Service Law

Pension

— Right to receive, is a valuable right of govt. servants which does not depend upon sweet will of the Govt., (2006) 7 SCC 651-B