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.