Pension is Not a Bounty II

The right to property [Article 31(1)] covers the right of a public servant to receive pension [Deokinandan Prasad, (1971) 2 SCC 330; D.S. Nakara, (1983) 1 SCC 305]. Even after the repeal of Article 31(1) [The Constitution (Forty-Fourth Amendment) Act, 1978 w.e.f. 20.06.1979] the right to receive pension has been held to be a right to property under Article 300A [Haresh C. Banerjee (2006) 7 SCC 651]. Jitendra Kumar Srivastava, (2013) 12 SCC 210 held that Executive instructions which do not have any statutory sanction cannot be termed as ‘law’ within the meaning of Article 300A. In the absence of statutory rules permitting withholding of pension or gratuity, the State could not do so by way of a mere Executive fiat. Pension and gratuity are not mere bounties, or given out of generosity. It’s a benefit by virtue of long, continuous, faithful and un-blemished service.”

Hon’ble Justice Indu Malhotra, Dr. Hira Lal v. State of Bihar, [Civil Appeal No. 1677-1678 of 2020].