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august 2001

Supreme Court of India · 2001-08-07

GORAKHPUR UNIVERSITY vs SHITLA PRASAAD NAGENDRA

Citation / case number
SC 1998/17040
Court
Supreme Court of India
Petitioner
GORAKHPUR UNIVERSITY
Respondent
SHITLA PRASAAD NAGENDRA
Bench
S. RAJENDRA BABU & DORAISWAMY RAJU

Judgment text excerpt

The Supreme Court upheld the Allahabad High Court's decision that the university could not withhold the pension and retiral benefits of the first respondent based on penal rent for unauthorized occupation of university accommodation post-retirement. 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 pension and other benefits cannot be adjusted against dues owed by a retired employee. The Court directed the university to pay the entire pension and Provident Fund with penal interest within two months.

GORAKHPUR UNIVERSITY vs SHITLA PRASAAD NAGENDRA · Niyam