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.