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august 2001

Supreme Court of India · 2001-08-07

Gorakhpur University & Ors vs Dr. Shitla Prasad Nagendra & Ors

Citation / case number
2001 SCC (L&S) 1032
Court
Supreme Court of India
Petitioner
Gorakhpur University & Ors
Respondent
Dr. Shitla Prasad Nagendra & Ors
Bench
S. Rajendra Babu, Doraiswamy Raju

Judgment text excerpt

The Supreme Court upheld the Allahabad High Court's decision that pension and retiral benefits cannot be withheld or adjusted against dues for unauthorized occupation of university accommodation. The Court cited principles from Som Prakash vs Union of India (AIR 1981 SC 212) and R. Kapur vs Director of Inspection (1994) 6 SCC 589, establishing that terminal benefits are the right of the employee upon retirement. The university's action to withhold these benefits was deemed illegal, and the Court directed payment with penal interest.

Gorakhpur University & Ors vs Dr. Shitla Prasad Nagendra & Ors · Niyam