Niyam v2 is live — start for just ₹100 — 200 credits to try

august 2006

Supreme Court of India · 2006-08-30

State Of West Bengal vs Haresh C. Banerjee & Ors

Citation / case number
2006 AIR SCW 5076
Court
Supreme Court of India
Petitioner
State Of West Bengal
Respondent
Haresh C. Banerjee & Ors
Bench
C.K. Thakker, P.K. Balasubramanyan

Judgment text excerpt

The Supreme Court examined the constitutional validity of Rule 10(1) of the West Bengal Services (Death-cum-Retirement Benefit) Rules, 1971, which allows the Governor to withhold pension for grave misconduct. The Court held that pension is a property right under Articles 19(1)(f) and 31(1) of the Constitution, and the High Court's ruling declaring Rule 10(1) ultra vires was upheld. The Court emphasized that pension is not a discretionary bounty but a valuable right of government servants.

State Of West Bengal vs Haresh C. Banerjee & Ors · Niyam