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.