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).