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Bombay High Court

PADMAKAR DAYAKARAM BHAMREversusSTATE OF MAHARASHTRA THR ITS SECRETARY THR ITS SECRETARY AND ORS

Decided
Disposal
Disposed Off

Holding

Pension and related benefits cannot be withheld on the ground of a pending or invalidated caste‑validity certificate once the employee has retired from a reserved post; the petitioner is entitled to the pension, gratuity and interest.

Summary

The petitioner, a Scheduled Tribe employee appointed as a driver in 1982, retired on 31‑05‑2017 after 35 years of service but was denied pension and gratuity because he had not submitted a caste‑validity certificate, which was still pending before the Caste Scrutiny Committee. The High Court had earlier ordered the Committee to verify his claim, and later quashed its adverse order, remanding the matter for fresh consideration. Despite this, the respondent authority refused to process his pension, citing the lack of a court order. Relying on Supreme Court precedents and the Court’s own decisions, the judges held that pension is a vested right and property under Article 300A and cannot be withheld on the basis of a pending or invalidated caste certificate, especially where the employee had retired from a reserved post. The Court also noted the humanitarian government resolution of 27‑12‑2019 protecting long‑serving ST employees. Consequently, the petition was allowed and the respondent was directed to release the arrears of pension and gratuity with interest.

Issues considered

  • Whether pension and ancillary benefits can be lawfully withheld pending submission of a caste‑validity certificate.
  • Whether denial of pension violates the petitioner’s right to property under Article 300A of the Constitution.
  • Whether Section 10 of the applicable Act can be invoked to cancel pension benefits in the absence of a formal discharge.
  • Whether the Government Resolution dated 27‑12‑2019 creates a statutory exception protecting long‑serving ST employees.
  • Whether the petitioner, as the legal heir, is entitled to family pension and gratuity.

Subjects

  • pension
  • caste validity certificate
  • scheduled tribe
  • Article 226
  • Article 300A
  • family pension
  • superannuation
  • government resolution
  • caste scrutiny committee
  • right to property
  • humanitarian measure

Judgment

                                                                       909-WP-8598-2026.DOC



           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIVIL APPELLATE JURISDICTION

                       WRIT PETITION NO. 8598 OF 2026

Padmakar Dayakaram Bhamre                                             ...Petitioner
       Versus
State Of Maharashtra & Anr.                                           ...Respondents
                                           _______
Mr. Umesh Gite (through V.C.) for Petitioner.

Mr. P. P. Kakade, AGP a/w Mr. V. G. Badgujar, AGP for Respondent-State.
Ms. Chaitrali Deshmukh for Respondent No.2.
                                           _______

                               CORAM:           G. S. KULKARNI &
                                                DR. NEELA GOKHALE, JJ.

                               DATE:            02nd SEPTEMBER 2026
P.C.

1.     Rule. Rule made returnable forthwith. Heard finally, by consent of the

learned counsel appearing for the parties.

2.     This petition under Article 226 of the Constitution of India is filed seeking

a direction to Respondent No.2 to grant and release the pension and other ancillary

benefits in favour of the Petitioner expeditiously from the date of his

superannuation, i.e. 31.05.2017, without insisting on submission of the Caste

Validity Certificate. The only substantive prayer made in the petition is required to

be noted, which reads thus:

            “A)       Issue Writ of Mandamus or any other appropriate Writ or Order
            in the like nature thereby direct the respondent no. 2 to forthwith grant and
            release the pension and other ancillary benefits in favour of petitioner
            expeditiously from the date of superannuation from 31.05.2017, without
            insisting for submits the Validity Certificate.”




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3.     The facts lie in a narrow compass. The Petitioner belongs to the “Thakur”

Scheduled Tribe and, to that effect, was issued a Caste Certificate dated 05.05.1982

by the Competent Authority. On 18.06.1982, about 35 years prior to his

superannuation, the Petitioner was appointed by Respondent No.2, Zilla Parishad,

Nashik, on the post of “Driver” against a post reserved for the Scheduled Tribe

category. The services of the Petitioner were subsequently regularized with effect

from 04.04.1985, when he was made permanent.

4.     It is the Petitioner’s case that, after about 29 years of his service i.e., on

20.12.2011, his tribe claim was forwarded to the Scheduled Tribe Caste Scrutiny

Committee, Nashik, for verification. On 31.05.2017, the Petitioner superannuated.

He was however not granted the pensionary benefits as also the gratuity, on the

ground that he had not submitted a Caste Validity Certificate. This when the

Petitioner was in continuous service for a period of 35 years from the year 1982 till

his superannuation on 31.05.2017. The caste validity claim was pending

consideration before the Caste Scrutiny Committee.

5.     In the aforesaid circumstances, the Petitioner approached this Court by

filing Writ Petition No.9596 of 2017. By an Order dated 12.10.2017, this Court

directed the Caste Scrutiny Committee, Nashik, to scrutinize and verify the claim

of the Petitioner in accordance with law, as expeditiously as possible. Admittedly,

such Order was passed after the Petitioner had superannuated. In the meantime, it

also transpired that on 20.12.2017, the Respondents issued an order in favour of

the Petitioner, whereby sanction was granted for release provisional pension of Rs.

8,000/- for the period of 01.06.2017 to 31.11.2017.



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6.       In pursuance of the Orders passed by this Court in Writ Petition No.9596

of 2017, the Caste Scrutiny Committee passed an Order dated 01.02.2019,

whereby the claim of the Petitioner was invalidated. The Petitioner again

approached this Court by filing a second Writ Petition, being Writ Petition

No.2171 of 2019, challenging the Orders passed by the Caste Scrutiny Committee.

On such proceedings, this Court passed an Order dated 17.10.2025, whereby the

Committee’s Order dated 01.02.2019 was quashed and set aside and the matter was

remanded to the Caste Scrutiny Committee for fresh consideration. The

proceedings are still pending before the Caste Scrutiny Committee, Nashik.

7.       In the meantime, on 17.11.2025, the Petitioner made an application before

Respondent No.2 for grant of pensionary benefits. In response to such application,

Respondent No.2 addressed a communication dated 11.02.2026 to the Petitioner,

referring to the Order dated 17.10.2025 passed by this Court and observing that as

no order were passed by the High Court directing grant of pension to the

Petitioner, the Petitioner’s representation/application cannot be considered and was

liable to be rejected. It is in these circumstances, the present Writ Petition has been

filed.

8.       The learned counsel for the Respondents have opposed the petition and

justified the action taken by the Respondents. However, we are not persuaded to

accept such submissions advanced on behalf of the Respondents.

9.       We have heard the learned counsel for the parties and, with their assistance,

have also perused the record.

10.      At the outset, we find substance in all contentions as urged on behalf of the



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Petitioner that the Petitioner could not have been deprived of his pensionary

benefits in these circumstances, more particularly, when he had joined service in

the year 1982 on a reserved post and in the regular course of his service was

permitted to superannuate on 31.05.2017, after rendering about 35 years of service.

Relying on the decision of the Supreme Court in the case of State of Jharkhand v.

Jintendrakumar Shrivastav1, the Petitioner is correct in his contention that

pensionary benefits as well as gratuity cannot be withheld and the same would be

violative of the Petitioner's right under Article 300-A of the Constitution of India.

11.    We find that the contentions as canvassed on behalf of the Petitioner are no

more res integra in view of the recent decision of this Bench in Ratnamala

Anilkumar Swami v. State of Maharashtra and Another, wherein, in similar

circumstances, and also taking into consideration the policy of the State

Government in regard to employees belonging to Scheduled Tribes who did not

have Caste Validity Certificates. It was held by this Court that once the Petitioner

was permitted to discharge his duties and was allowed to retire on attaining the age

of superannuation, the pension cannot be withheld. Such policy of the State

Government was contained in Government Resolution dated 27.12.2019, which

made a specific provision, as a humanitarian measure, for long years of service

rendered by such employees belonging to Scheduled Tribe category. In the said

decision, this Court considered the settled principles of law laid down by the

Supreme Court in a catena of decisions on the jurisprudential principles governing

entitlement to and grant of pension, when the Court held that it is by now well


1      AIR 2013 SC 3383



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settled that pension is neither a charity, nor a gratuitous payment, nor a bounty to

be distributed at the sweet will of the executive. It was also held that there is no

discretionary power to arbitrarily withhold, delay or modify pension and that any

culpable delay in payment of retirement benefits attracts interest penalty as a

matter of statutory right.

12.     The relevant observations made by this Court in Ratnamala Anilkumar

Swami (supra) are required to be noted, which reads thus:

       “10.        We have heard learned Counsel for the parties. We have also perused the
       record and also the policy decisions which are in the form of Government
       Resolutions as also the decisions of the Court placed for our consideration.
       11.         We may at the outset, observe that the undisputed facts are that the
       Petitioner’s deceased husband had joined services of Respondent No.2 in the year
       1995 and after a period of 17 long years of service, he was called upon to submit
       validity of the Caste Certificate, issued to him by the Tahsildar / Executive
       Magistrate, Mangalvedha, certifying that he belonged to the Scheduled Caste
       category. Accordingly, he had approached the Caste Scrutiny Committee which
       passed an order on 06.06.2019 invalidating the Caste Certificate. This was after
       almost 24 years of service with Respondent No.2. Consequent to the invalidity of
       the Caste Certificate, as set out in the reply Affidavit, in the normal course, Section
       10 of the said Act could have been invoked, which provides that in the event Caste
       Scrutiny Committee cancels the Caste Certificate of a person, he would be liable to
       be discharged from the employment forthwith and any other benefits enjoyed or
       derived by virtue of his appointment shall be withdrawn forthwith. Section 10 and
       more particularly, sub-section (1) thereof of the said Act, is required to be noted,
       which reads thus:
             “10. (1) Whoever not being a person belonging to any of the Scheduled
             Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic
             Tribes, Other Backward Classes or Special Backward Category secures
             admission in any educational institution against a seat reserved for such
             Castes, Tribes or Classes, or secures any appointment in the Government,
             local authority or in any other Company or Corporation, owned or controlled
             by the Government or in any Government aided institution or Co-operative
             Society against a post reserved for such Castes, Tribes or Classes by producing
             a false Caste Certificate shall, on cancellation of the Caste Certificate by the



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           Scrutiny Committee, be liable to be debarred from the concerned educational
           institution, or as the case may be, discharged from the said employment
           forthwith and any other benefits enjoyed or derived by virtue of such
           admission or appointment by such person as aforesaid shall be withdrawn
           forthwith.”
                                                                  [emphasis supplied]
       12.        It is not the Respondents’ case that Respondent No. 2 in any manner had
       invoked the provisions of Section 10 to take any action against the Petitioner’s
       husband, on the basis of order dated 06.06.2019 passed by the Caste Scrutiny
       Committee so as to discharge him from the service. In fact, the Petitioner’s deceased
       husband was continued in the employment, without any action being taken, till he
       expired in harness on 08.09.2020. Even if we consider that such action was not
       taken by the Respondents, by virtue of the protection as granted by this Court vide
       order dated 27.09.2013 passed in Writ Petition No.9133 of 2013, the fact remains
       that he was continued in the service. Thus, the legal status as enjoyed by the
       Petitioner’s husband qua the employment in question was that he remained in
       service till he expired on 08.09.2020. He clearly died in harness.
       13.         In the peculiar facts and circumstances of the case, the Court cannot be
       oblivious to the fact, that no action was taken by the Respondents under Section 10
       of the said Act during his lifetime. In the event any action against him under the said
       provision was to be resorted, the husband could have approached this Court to
       challenge the orders passed by the Caste Scrutiny Committee. All these
       circumstances, in our opinion, has certainly brought about a situation, which is not
       governed under the provisions of Section 10 and more particularly, when the
       Petitioner was granted provisional family pension by an order dated 27.01.2021 and
       the same was abruptly halted after a period of six months. We also find that the State
       Government, in regard to the candidates who belonged to the Scheduled Tribe
       (reserved category) has taken a policy decision to protect their employment in such
       circumstances on invalidity of the Caste Certificate, as a humanitarian measure, for
       the long years of service rendered by such employees. Our attention to that effect is
       drawn to the Government Resolution dated 27.12.2019, more particularly Paragraph
       Nos.4.1 and 4.2, which read thus:
             “4.1 On account of non-submission of the Scheduled Tribe Caste Validity
             Certificate, all Administrative Departments concerned shall, pursuant to this
             Government Resolution, create supernumerary posts in the cadre of the posts
             currently held by such Officers and Employees, equivalent to the number of
             Officers and Employees whose services are being transferred to
             supernumerary posts and all the Administrative Departments concerned, on
             humanitarian grounds and to obviate administrative exigencies, shall appoint



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             such Officers and Employees to the said supernumerary posts on a purely
             temporary basis for a period of 11 (eleven) months or until the date on which
             they would have retired, if they had continued in service, whichever is earlier.
             4.2 As regards those Officers and Employees who were discharged from
             service prior to the issuance of this Government Resolution, all
             Administrative Departments concerned shall create supernumerary posts in
             the cadre of the post held by such Officers and Employees prior to their
             termination from the service and shall, on humanitarian grounds and to
             obviate administrative exigencies, appoint them to the said supernumerary
             posts on a purely temporary basis for a period of 11 (eleven) months, or until
             the date on which they would have retired if they had continued in service,
             whichever is earlier.”
                                                                     [emphasis supplied]
       14.         Thus, it appears that the State Government was concerned, when long
       years of service was rendered by the employees and a situation of such nature of
       Caste Validity Certificate being not furnished or invalidated had arisen; such
       employees, considering their long service, would be protected by creating
       supernumerary posts.
       15.         Further from the decisions cited at the Bar, it is clear that such issues had
       reached the Courts. We find that a Division Bench of this Court in the case Prakash
       s/ Fulchand Barwal (supra), considered a similar situation, wherein the petitioner
       therein who belonged to the Scheduled Tribe category, had expired. He was
       appointed as a peon in the year 1988 against a post reserved for Scheduled Tribes.
       His Caste Certificate was referred for verification to the Caste Scrutiny Committee,
       which invalidated his claim vide order dated 30.09.1989. Consequent thereto, his
       services came to be terminated vide order dated 10.12.1989. The appeal preferred
       against the said order was also dismissed. He expired during the pendency of the said
       petition. It is in these circumstances, the Court recognized the entitlement of the
       legal heirs for grant of family pension. The relevant observations read thus:
             “2] The original petitioner was appointed as Peon by the respondent no.4 by
             the order dated 11.7.1988. The petitioner's appointment was against a post
             reserved for scheduled tribe. As such the claim of the petitioner was referred
             to the scheduled tribe caste verification committee. The said committee
             invalidated the claim of the petitioner vide order dated 30.9.1989. On the
             ground of invalidation, the petitioner's services came to be terminated vide
             order dated 10.12.1989. The appeal preferred by the petitioner against the
             order of the caste verification committee was dismissed on 27.10.1993. Being
             aggrieved thereby, the present petition was filed.
             3] While granting Rule, this Court had granted interim relief in terms of
             prayer clause (B). As such in pursuance to the interim order, the petitioner
             was to work as a Peon with the respondent no.4. Subsequently, Civil
             Application No. 5571/1994 was filed by the respondent no.4 for vacating the


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             interim relief. The same came to be rejected.
             4] During pendency of the writ petition, the original petitioner has died and
             his legal heirs are brought on record. Since the original petitioner has already
             died, the question regarding his claim of belonging to scheduled tribe does
             not arise. The legal heirs of the original petitioner have restricted the claim in
             the present petition only for grant of family pension.
             5] The petitioner was originally appointed on 18.7.1988. By virtue of interim
             order passed in the year 1994, the petitioner was directed to be reinstated.
             The original petitioner has died on 5.12.2003. Considering the date of
             appointment of the original petitioner to be 11/18.7.1988, the original
             petitioner has rendered the service of more than 15 years. As such the
             petitioner's widow would be entitled to the family pension. We accordingly
             extend the benefit of family pension to the widow of the original petitioner
             i.e. present petitioner no.1 - Smt. Shobhabai w/o Prakash Barwal.
             6] We, therefore, dispose of the writ petition by directing the respondents to
             give the benefits of family pension to the widow of the original petitioner
             from the date of his death i.e. 5.12.2003. The said benefit be extended to the
             widow of the petitioner namely Smt. Shobhabai w/o Prakash Barwal within a
             period of six months from today along with the arrears. No order as to costs.”
                                                                       [emphasis supplied]
       16.         The aforesaid decision in Prakash s/o Fulchand Barwal (supra), was
       followed by the Co-ordinate Bench of this Court in the case of Saraswati w/o
       Nagnath Mupde (supra), in which the husband of the Petitioner therein was
       working as a teacher and appointed on the post reserved for the Scheduled Tribe
       category. His Caste Certificate was invalidated by the Caste Scrutiny Committee.
       Considering the decisions in case of Prakash s/o Fulchand Barwal (supra), the Court
       made the following observations:
             “5. It was held in Prakash Barwal (supra), that the LR’s were entitled for
             the pensionary benefits since the bread earner had passed away while in
             service. Family pension was, therefore, directed to be paid to the widow from
             the date of his death. In Sunita W/o Late Pradip Thakar Vs. The State of
             Maharashtra and Others. 2022 (1) Mh.L.J. 219 , this Court dealt with the
             claim of a widow and following the law laid down in Prakash Barwal (supra),
             this Court also granted the pensionary benefits. The Petitioner's case is
             practically identical to both reported judgments.
             6.     We are informed that the Petitioner was receiving provisional pension,
             which was subsequently discontinued.
             7.     In view of the above, this Writ Petition is partly allowed with the
             following directions:
             A) Respondent No. 3/Headmaster would forward the proposal of the
             Petitioner, as a widow, for receiving the pension, to Respondent
             No.4/Education Officer (Primary), within 30 day from today.
             B) the said proposal would be dealt with by the appropriate Authorities and
             considering the order of this Court in Prakash Barwal (supra) and Sunita
             Thakur (supra), the Petitioner shall be entitled for pension from the date of


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             the demise of her husband.
             C) The arrears be calculated and be paid to the Petitioner on or before
             30.11.2024, if not already paid, and the commencement of payment of
             pension shall be from the month of June, 2024. In the meanwhile, the
             provisional pension shall continue and such amounts received by way of
             provisional pension would be adjusted as against the arrears of pension.
             D) Rule is made partly absolute in above terms.”
                                                                     [emphasis supplied]

       17.         In a recent decision in the case of Manda w/o Prakash Sonawane (supra),
       the deceased husband of the petitioner therein was the only bread earner. He was
       selected and appointed on the post, which was reserved for the backward category.
       He retired on 30.06.2020 and passed away on 18.07.2022. There was no dispute in
       regard to pensionary and entitlement of retiral benefits. The employer, however,
       took a stand that the same would not be payable to the legal representatives of the
       petitioner, since the deceased employee did not tender the Caste Validity Certificate,
       and since the employee’s claim of belonging to the reserved category was not
       validated, the petitioner would not be entitled for grant of family pension. It is in
       these circumstances, a Division Bench of this Court in the case of Manda w/o
       Prakash Sonawane (supra), relying on the decision of this Court in the matter of
       Kamlabai w/o Shaphadu Salve Vs. the State of Maharashtra & Ors. 2, and also the
       Supreme Court in the matter of Chairman and Managing Director, Food
       Corporation of India and Ors. Vs. Jagdish Balaram Bahira and Ors. 3, recognized the
       entitlement for family pension and other reliefs and made following observations:
             “8. In similar set of facts, this Court (Coram: Ravindra V. Ghuge and S.G.
             Mehare, JJ.) delivered a Judgment on 20th July, 2021 in Writ Petition
             No.6485 of 2020 at Aurangabad (Sunita w/o Late Pradip Thakar Vs. State of
             Maharashtra and Ors.) and by placing reliance on a Judgment of this Court,
             dated 12th August, 2010 delivered in Writ Petition No.3718 of 1994 (Prakash
             Fulchand Barwal since deceased through his Legal Heirs Smt. Shobhabai
             Barwal and others Vs. The State of Maharashtra and Ors.), allowed the claim
             of Sunita and directed the payment of family pension and all retiral benefits as
             would have been admissible to the deceased employee had he normally
             superannuated from service. For similar reasons, this Court has delivered
             several Judgments which are annexed to the Petition paper-book.
             9. In the light of the above, this Writ Petition is allowed in terms of prayer
             clause (A). Necessary papers for releasing the family pension payable to the
             eligible Legal Representatives of the deceased Employee, shall be moved by
             the Employer within 30 days and it shall be the duty of the Employer, as well
             as the Authorities concerned, to ensure that the arrears of pension are paid to


2       Writ Petition No.4624 of 2021 decided on 01.10.2021.
3       2017 (8) SCC 670



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           the eligible Legal Representatives, within a period of 90 days from today.
           Gratuity amount shall also be paid within a period of 60 days with admissible
           statutory interest @ 12% per annum in the light of the Government
           Notification dated 5th October, 1999 issued by the Government of India,
           Ministry of Personnel, P.G. & Pensions, Department of Pension & Pensioners'
           Welfare. Needless to state, that the LRs of the deceased would co-operate with
           the authorities, if the preparation of the papers.
           10. It is made clear that if any of the eligible Legal Representatives of the
           deceased Employee, desire to seek compassionate employment, the law laid
           down by the Full Bench of this Court in Om Bhagwanrao Anjanwad vs. State
           of Maharashtra and Anr., (Full Bench), 2022 (4) Mh.L.J. 723, would be
           squarely applicable.”
       18.        Considering the aforesaid consistent view, we are of the opinion that the
       Respondents in the present case would not be correct in their contention that in the
       facts and circumstances of the case, the Petitioner should be deprived of family
       pension. We cannot accept the contention that as in Prakash S/o Fulchand Barwal
       (supra) and in Saraswati w/o Nagnath Mupde (supra), the Petitioners belonged to
       the Scheduled Tribe, and as in the present case the Petitioner’s deceased husband
       belonged to the Scheduled Caste category, different view needs to be taken to hold
       that the Petitioner is not entitled for the family pension. Such view would be per se
       discriminatory when the consideration is entitlement to pension. The reason being
       that undoubtedly the Petitioner’s deceased husband continued in service for a very
       long period i.e., about 25 years, till he expired. The provisions of Section 10 were
       not invoked, inasmuch as, no action was taken to discharge the service of the
       Petitioner’s deceased husband, on the ground that the validity was not awarded to
       his Caste Certificate, moreover, he was continued in service till he expired. In these
       circumstances, we do not find any warrant in law, and more particularly when the
       Respondent in the reply Affidavit has confined their opposition only referring to
       Section 10 of the said Act to disentitle the Petitioner for grant of family pension. It is
       significant that even the Respondent did not seek vacating the interim protection,
       which was granted to the Petitioner’s husband in the proceedings in Writ Petition
       No.9133 of 2013 (supra). Thus, the clear legal and unimpeachable status of the
       Petitioner’s deceased husband, on the day he expired, cannot be overlooked so as to
       refuse the benefit and entitlement of family pension to the Petitioner, who is the wife
       of the deceased employee. Denying family pension to her in such circumstances
       would amount to a travesty of justice.
       19.       Further, we cannot be oblivious to the jurisprudence surrounding
       entitlement and grant of pension which by now is firmly established. It is well
       settled that pension is neither a charity, nor a gratuitous payment, nor a bounty to be



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       distributed at the sweet will of the executive. It has been conceptualized as an
       enforceable legal right, grounded in constitutional and socio-economic principles.
       Pension is also regarded as a deferred wages compensation earned by an employee
       through long, continuous and faithful service rather than paying the full value of
       labour during active employment. It has been held that the right to receive pension
       constitutes ‘property’, earlier under Article 31(1), which was a fundamental right and
       after its repeal, a constitutional protection guaranteed under Article 300A.
       Consequently, a pensionary entitlement, once vested in an employee, cannot be
       taken away merely by an executive order or administrative action. Deprivation of
       such property must have the authority of law, and therefore requires express
       statutory sanction or other valid legal authority. From a social welfare perspective in
       relation to pension, it is held that three main socio-economic objectives are met,
       namely, to ensure economic independence and dignity in old age, when physical
       capacity to earn diminishes. It protects the employee against economic insecurity
       and post-retirement destitution as also it serves as a reward for past unblemished
       service. Pension is hence held to be a legal right flowing from statutory service rules,
       and not an act of grace. The government has no discretionary power to arbitrarily
       withhold, delay or modify it. Any culpable delay in paying retirement benefits
       attracts an interest penalty as a matter of statutory right.
       20.       In the aforesaid context, we may usefully refer to the following decisions:-
       20.1      In Deokinandan Prasad v. State of Bihar 4, the Supreme Court was
       confronted with the question as to whether the right to receive pension could be
       withheld by the State in the absence of statutory authority. The Court held that the
       right to receive pension flows from the applicable service rules and does not depend
       upon any order granting such pension. It further held that the right to pension
       constitutes “property” and cannot be taken away by a mere executive order. The
       relevant observations read thus:

          “15. The questions that arise for consideration are whether the orders,
          dated August 5, 1966 and June 12, 1968, are legal and valid. Before we
          consider that aspect, it is necessary to state that in order to sustain this
          petition under Article 32, the petitioner will have to establish that either
          the order, dated August 5, 1966 or June 12, 1968, or both of them affect
          his fundamental rights guaranteed to him. The order of August 5, 1966,
          according to the petitioner, is one removing him from service and it has
          been passed in violation of Article 311. That the said order is one removing
          the petitioner from service is also admitted by the respondents in para 11
          of the counter-affidavit filed on their behalf by the Assistant Director of
          Education. Assuming that the said order has been passed in violation of
          Article 311, the said circumstance will not give a right to the petitioner to

4       (1971) 2 SCC 330



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       approach this Court under Article 32. The stand taken by the petitioner is
       that his right to get pension is property and it does not cease to be property
       on the mere denial or cancellation by the respondents. The order, dated
       June 12, 1968, is one withholding the payment of pension or at any rate
       amounts to a denial by the respondents to his right to get pension. Either
       way, his rights to property are affected under Articles 19(1)(f) and 31(1) of
       the Constitution. His right to pension cannot be taken away by an
       executive order. In the counter-affidavit, the respondents do not dispute
       the rights of the petitioner to get pension, but they take the stand that the
       order, dated June 12, 1968, is justified by Rule 46 of the Pension Rules.
       This aspect will be dealt with by us later. There is only a bald averment in
       the counter-affidavit that there is no question of any fundamental right
       and therefore this petition is not maintainable. As to on what basis this
       plea is taken, has not been further clarified in the counter-affidavit. But
       before us Mr B.P. Jha, learned Counsel for the respondents, urged that by
       withholding the payment of pension by the State, no fundamental rights of
       the petitioner have been affected.
       16. We are not inclined to accept the contention of Mr Jha that no
       fundamental rights of the petitioner are affected by passing the order,
       dated June 12, 1968. We will in due course refer to the relevant Pension
       Rules bearing on the matter also certain decisions. In our opinion, the right
       to get pension is “property” and by withholding the same, the petitioner’s
       fundamental rights guaranteed under Articles 19(1)(f) and 31(1) are
       affected. As the matter is being discussed more fully in the latter part of the
       judgment, it is enough to state at this stage that the writ petition is
       maintainable. Even according to the respondents the order, dated June 12,
       1968, has no independent existence and that order has been passed on the
       basis of the earlier order, dated August 5, 1966. In our opinion, if the
       order, dated August 5, 1966, cannot be sustained, it will follow that the
       order, dated June 12, 1968, will also fall to the ground. Hence we will deal,
       in the first instance, with the validity of the order, dated August 5, 1966.
       The full text of the order, dated August 5, 1966, passed by the Director of
       Public Instruction, Bihar, is as follows:
       .…
       28. According to the petitioner the right to receive pension is property and
       the respondents by an executive order, dated June 12, 1968, have
       wrongfully withheld his pension. That order affects his fundamental rights
       under Articles 19(1)(f) and 31(1) of the Constitution. The respondents, as
       we have already indicated, do not dispute the right of the petitioner to get
       pension, but for the order passed on August 5, 1966. There is only a bald
       averment in the counter-affidavit that no question of any fundamental
       right arises for consideration. Mr Jha, learned Counsel for the respondents,
       was not prepared to take up the position that the right to receive pension
       cannot be considered to be property under any circumstances. According
       to him, in this case, no order has been passed by the State granting
       pension. We understood the learned Counsel to urge that if the State had
       passed an order granting pension and later on resiles from that order, the
       latter order may be considered to affect the petitioner’s right regarding
       property so as to attract Articles 19(1)(f) and 31(1) of the Constitution.
       29. We are not inclined to accept the contention of the learned Counsel for
       the respondents. By a reference to the material provisions in the Pension
       Rules, we have already indicated that the grant of pension does not depend



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          upon an order being passed by the authorities to that effect. It may be that
          for the purposes of qualifying the amount having regard to the period of
          service and other allied matters, it may be necessary for the authorities to
          pass an order to that effect, but the right to receive pension flows to an
          officer not because of the said order but by virtue of the Rules. The Rules,
          we have already pointed out, clearly recognise the right of persons like the
          petitioners to receive pension under the circumstances mentioned therein.
          ****
          33. Having due regard to the above decisions, we are of the opinion that
          the right of the petitioner to receive pension is property under Article
          31(1) and by a mere executive order the State had no power to withhold
          the same. Similarly, the said claim is also property under Article 19(1)(f)
          and it is not saved by sub-article (5) of Article 19. Therefore, it follows that
          the order, dated June 12, 1968, denying the petitioner right to receive
          pension affects the fundamental right of the petitioner under Articles
          19(1)(f) and 31(1) of the Constitution, and as such the writ petition under
          Article 32 is maintainable. It may be that under the Pension Act (Act 23 of
          1871) there is a bar against a civil court entertaining any suit relating to the
          matters mentioned therein. That does not stand in the way of writ of
          mandamus being issued to the State to properly consider the claim of the
          petitioner for payment of pension according to law.”
                                                            [emphasis supplied]
       20.2      In D.S. Nakara v. Union of India5, the Supreme Court dealt with an issue,
       as to the nature and significance of pension payable to a retired employee. The Court
       held that pension is not merely compensation for past service, but is also a measure
       of socio-economic justice intended to provide economic security in old age,
       particularly when the physical and mental capacity to earn diminishes, and
       represents deferred compensation for the service rendered. The relevant observations
       read thus:

          “20. The antequated notion of pension being a bounty, a gratuitous
          payment depending upon the sweet will or grace of the employer not
          claimable as a right and, therefore, no right to pension can be enforced
          through Court has been swept under the carpet by the decision of the
          Constitution Bench in Deokinandan Prasad v. State of Bihar wherein this
          Court authoritatively ruled that pension is a right and the payment of it
          does not depend upon the discretion of the Government but is governed
          by the rules and a government servant coming within those rules is
          entitled to claim pension. It was further held that the grant of pension does
          not depend upon anyone’s discretion. It is only for the purpose of
          quantifying the amount having regard to service and other allied matters
          that it may be necessary for the authority to pass an order to that effect but
          the right to receive pension flows to the officer not because of any such
          order but by virtue of the rules. This view was reaffirmed in State of
          Punjab v. Iqbal Singh.
          …..
          29. Summing up it can be said with confidence that pension is not only

5       (1983) 1 SCC 305



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          compensation for loyal service rendered in the past, but pension also has a
          broader significance, in that it is a measure of socio-economic justice which
          inheres economic security in the fall of life when physical and mental
          prowess is ebbing corresponding to aging process and, therefore, one is
          required to fall back on savings. One such saving in kind is when you give
          your best in the hey-day of life to your employer, in days of invalidity,
          economic security by way of periodical payment is assured. The term has
          been judicially defined as a stated allowance or stipend made in
          consideration of past service or a surrender of rights or emoluments to one
          retired from service. Thus the pension payable to a government employee
          is earned by rendering long and efficient service and therefore can be said
          to be a deferred portion of the compensation or for service rendered. In
          one sentence one can say that the most practical raison d’etre for pension is
          the inability to provide for oneself due to old age. One may live and avoid
          unemployment but not senility and penury if there is nothing to fall back
          upon.
          30. The discernible purpose thus underlying pension scheme or a statute
          introducing the pension scheme must inform interpretative process and
          accordingly it should receive a liberal construction and the courts may not
          so interpret such statute as to render them inane (see American
          Jurisprudence, 2d, 881).
          31. From the discussion three things emerge: (i) that pension is neither a
          bounty nor a matter of grace depending upon the sweet will of the
          employer and that it creates a vested right subject to 1972 Rules which are
          statutory in character because they are enacted in exercise of powers
          conferred by the proviso to Article 309 and clause (5) of Article 148 of the
          Constitution; (ii) that the pension is not an ex gratia payment but it is a
          payment for the past service rendered; and (iii) it is a social welfare
          measure rendering socio-economic justice to those who in the hey-day of
          their life ceaselessly toiled for the employer on an assurance that in their
          old age they would not be left in lurch. It must also be noticed that the
          quantum of pension is a certain percentage correlated to the average
          emoluments drawn during last three years of service reduced to 10 months
          under liberalised pension scheme. Its payment is dependent upon an
          additional condition of impeccable behaviour even subsequent to
          retirement, that is, since the cessation of the contract of service and that it
          can be reduced or withdrawn as a disciplinary measure.”
                                                           [emphasis supplied]
       20.3     Similarly, in State of Kerala v. M. Padmanabhan Nair 6, the Supreme Court
       was confronted with the issue of delay in the settlement and disbursement of
       pensionary and other retiral benefits. The Court held that pension and gratuity are
       valuable rights and property in the hands of the employee and that any culpable
       delay in their settlement and disbursement must be visited with the payment of
       interest at the current market rate. The relevant observations of the Supreme Court
       read thus:

          “1. Pension and gratuity are no longer any bounty to be distributed by the
          Government to its employees on their retirement but have become, under

6       (1985) 1 SCC 429



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          the decisions of this Court, valuable rights and property in their hands and
          any culpable delay in settlement and disbursement thereof must be visited
          with the penalty of payment of interest at the current market rate till actual
          payment.
          2. Usually the delay occurs by reason of non-production of the L.P.C. (last
          pay certificate) and the N.L.C. (no liability certificate) from the concerned
          Departments but both these documents pertain to matters, records whereof
          would be with the concerned Government Departments. Since the date of
          retirement of every Government servant is very much known in advance
          we fail to appreciate why the process of collecting the requisite information
          and issuance of these two documents should not be completed at least a
          week before the date of retirement so that the payment of gratuity amount
          could be made to the Government servant on the date he retires or on the
          following day and pension at the expiry of the following month. The
          necessity for prompt payment of the retirement dues to a Government
          servant immediately after his retirement cannot be over-emphasised and it
          would not be unreasonable to direct that the liability to pay penal interest
          on these dues at the current market rate should commence at the expiry of
          two months from the date of retirement.”
       20.4      Further, in State of Jharkhand v. Jitendra Kumar Srivastava 7, the Supreme
       Court was confronted with the issue as to whether pension and gratuity could be
       withheld during the pendency of departmental or criminal proceedings in the
       absence of any provision in the applicable Pension Rules. The Court, while holding
       that pension and gratuity constitute “property” within the meaning of Article 300A
       of the Constitution, observed thus:

          “8. It is an accepted position that gratuity and pension are not bounties. An
          employee earns these benefits by dint of his long, continuous, faithful and
          unblemished service. Conceptually it is so lucidly described in D.S. Nakara v.
          Union of India by D.A. Desai, J. who spoke for the Bench, in his inimitable
          style, in the following words: (SCC pp.319-20, paras 18-20)
              “18. The approach of the respondents raises a vital and none too easy of
              answer, question as to why pension is paid. And why was it required to
              be liberalised? Is the employer, which expression will include even the
              State, bound to pay pension? Is there any obligation on the employer to
              provide for the erstwhile employee even after the contract of
              employment has come to an end and the employee has ceased to render
              service?
              19. What is a pension? What are the goals of pension? What public
              interest or purpose, if any, it seeks to serve? If it does seek to serve some
              public purpose, is it thwarted by such artificial division of retirement
              pre and post a certain date? We need seek answer to these and
              incidental questions so as to render just justice between parties to this
              petition.
              20. The antiquated notion of pension being a bounty a gratuitous
              payment depending upon the sweet will or grace of the employer not
              claimable as a right and, therefore, no right to pension can be enforced
              through court has been swept under the carpet by the decision of the

7       (2013) 12 SCC 210



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             Constitution Bench in Deokinandan Prasad v. State of Bihar [(1971) 2
             SCC 330 : 1971 Supp SCR 634] wherein this Court authoritatively
             ruled that pension is a right and the payment of it does not depend
             upon the discretion of the Government but is governed by the rules
             and a government servant coming within those rules is entitled to claim
             pension. It was further held that the grant of pension does not depend
             upon anyone’s discretion. It is only for the purpose of quantifying the
             amount having regard to service and other allied matters that it may be
             necessary for the authority to pass an order to that effect but the right
             to receive pension flows to the officer not because of any such order but
             by virtue of the rules. This view was reaffirmed in State of Punjab v.
             Iqbal Singh.”
       It is thus a hard earned benefit which accrues to an employee and is in the
       nature of “property”. This right to property cannot be taken away without the
       due process of law as per the provisions of Article 300-A of the Constitution
       of India.
               ……
               15. In State of W.B. v. Haresh C. Banerjee this Court recognised that
               even when, after the repeal of Article 19(1)(f) and Article 31(1) of the
               Constitution vide Constitution (Forty-fourth Amendment) Act, 1978
               w.e.f. 20-6-1979, the right to property no longer remained a
               fundamental right, it was still a constitutional right, as provided in
               Article 300-A of the Constitution. Right to receive pension was treated
               as right to property. Otherwise, challenge in that case was to the vires
               of Rule 10(1) of the West Bengal Services (Death-cum-Retirement
               Benefit) Rules, 1971 which conferred the right upon the Governor to
               withhold or withdraw a pension or any part thereof under certain
               circumstances and the said challenge was repelled by this Court.
             16. The fact remains that there is an imprimatur to the legal principle
             that the right to receive pension is recognised as a right in “property”.
             Article 300-A of the Constitution of India reads as under:
                      “300-A. Persons not to be deprived of property
                      save by authority of law.—No person shall be
                      deprived of his property save by authority of law.”
                 Once we proceed on that premise, the answer to the question posed
             by us in the beginning of this judgment becomes too obvious. A
             person cannot be deprived of this pension without the authority of law,
             which is the constitutional mandate enshrined in Article 300-A of the
             Constitution. It follows that attempt of the appellant to take away a
             part of pension or gratuity or even leave encashment without any
             statutory provision and under the umbrage of administrative
             instruction cannot be countenanced.”
                                                                   [emphasis supplied]”

13.     We are thus in complete agreement with the learned counsel for the

Petitioner that the issue raised in this petition stands squarely covered by the

decision of this Court in Ratnamala Anilkumar Swami (supra) and that the pension

payable to the Petitioner could not have been withheld.


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                       14.    In the light of the aforesaid discussion, the present petition would be

                       required to be allowed. It is accordingly allowed in terms of prayer clause (A). We

                       direct that the arrears of pension and gratuity be released in favour of the Petitioner

                       within a period of four weeks from the date on which a copy of this order is made

                       available to the Respondents, along with interest thereon at the rate of 8% per

                       annum.

                       15.    Rule is made absolute in the aforesaid terms. No costs.




                       (DR. NEELA GOKHALE, J)                                   (G. S. KULKARNI, J.)



          Digitally
          signed by
          AJIT
AJIT      RAMESH
RAMESH    PATHRIKAR
PATHRIKAR Date:
          2026.09.05
          16:08:37
          +0530




                                                         Page 17 of 17
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