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Supreme Court of India 2020-02-18 allowed

Hira Lal (Dr.) vs State of Bihar & Ors

Bench: 2 — Indu Malhotra

In Brief

Dr. Hira Lal, a retired government veterinary officer, was denied 10% of his pension and full gratuity on the ground of pending criminal proceedings in a scam case. The Court held that administrative circulars issued before 2012 lacked statutory force and could not override pension rights. Pension is a vested property right under the Constitution, not a government bounty. The Court directed payment of the withheld 10% pension from 2008–2012. After July 2012, a statutory rule permitted 10% withholding during pending proceedings; 90% of gratuity must be paid, with 10% held pending criminal proceedings' conclusion.

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Constitutional Law Administrative Law Service Law Civil Service Pension Property Rights

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