The division judge bench of the Jharkhand High Court held that pension and other post-retiral benefits accruing to a government employee are akin to property under Article 300A of the Constitution of India which can be denied to a government employee only by following the due process in law. Denying the post-retiral benefits to the writ petitioner on flimsy grounds like for not providing a joint photograph with his wife must be deprecated.
Brief facts
The factual matrix of the case is that the writ petitioner was superannuated from service and not even the provincial pension was paid. The writ petitioner was filed and the writ court was of the view that the writ petitioner was denied interest for delayed payment of post-retiral benefits. Therefore, the present letter patent appeal is filed by the state of Jharkhand.
Contentions of the Appellant
The Appellant submitted that there was a delay on the part of the writ petitioner to provide a joint photograph with his wife and later on a few documents were required to be uploaded online which step was not taken by him in time.
Observations of the court
The Hon’ble court observed that it is well-settled law that Article 300A of the Indian Constitution states that pensions and other post-retirement benefits accruing to government employees are akin to property, and that they can only be denied to government employees by following the prescribed legal procedures. It is unacceptable to refuse the writ petitioner post-retiral benefits on the basis of flimsy grounds, such as failing to submit a joint photo with his spouse.
The court relied upon the judgment titled D.S. Nakara & Ors. Vs. Union of India.
Based on these considerations, the court affirmed the decision of the Writ Court.
The decision of the court
With the above direction, the court dismissed the appeal.
Case Title: The State of Jharkhand V. Sanjay Kumar Sharma
Coram: Hon’ble Mr. Acting Chief Justice Shree Chandrashekhar, and Hon’ble Mr. Justice Navneet Kumar
Case No.: L.P.A. No. 258 of 2024
Advocate for the Appellant: Mr. Ratnesh Kumar, Advocate
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