STATE OF W.BENGAL vs HARESH C. BANERJEE

The Supreme Court examined the 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 upheld the High Court's ruling that the Rule is ultra vires Articles 19(1)(f) and 31(1) of the Constitution, affirming that pension is a property right and not a discretionary benefit. The Court held that the right to receive pension is a valuable right of a government servant, thus reinforcing the legal principle that pension payments are not subject to arbitrary government discretion.