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october 2005

Supreme Court of India · 2005-10-19

Union Of India & Ors vs Braj Nandan Singh

Citation / case number
AIR 2005 SUPREME COURT 4403
Court
Supreme Court of India
Petitioner
Union Of India & Ors
Respondent
Braj Nandan Singh
Bench
Arijit Pasayat, Ar. Lakshmanan

Judgment text excerpt

The Supreme Court upheld the decision of the Patna High Court affirming the entitlement of the respondent to pension under the Central Civil Services Pension Rules, despite the forfeiture of past service due to resignation as per Rule 26(1). The Court established that the right to receive retirement benefits is inherent and cannot be denied solely based on the forfeiture of past service, especially when Rule 26(2) provides exceptions. The Court concluded that the Tribunal and High Court were justified in their decisions, allowing the respondent's claim for pension.

Union Of India & Ors vs Braj Nandan Singh · Niyam