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Report No. 53

16. Judgment of the Supreme Court.-

The Supreme Court has recently held1 that a pension is not a bounty payable at the pleasure of the Government, but on the contrary, the right to pension is a valuable right vesting in a Government servant. Further, the right to receive pension is property under Article 31(1) of the Constitution, and the State has no power by a mere executive order to withhold the same. Similarly, the said claim is also property under Article 19(1)(f) of the Constitution. Accordingly, though a Civil Court may be barred from entertaining a suit with reference to the matters mentioned in section 4, such bar does not stand in the way of the issue of a writ of mandamus to the State to consider a claim for pension, according to law.

1 Deoki Nandan Prasad v. State of Bihar, AIR 1971 SC 1409 (1420), paras. 32 and 34 (July issue).

Effect of The Pensions Act, 1871 On the Right to Sue for Pensions of Retired Members of the Public Services Back

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