Pension is a constitutional right and cannot be denied without proper justification.
The case concerns the denial of pensionary benefits to the appellant by the respondents, despite his 38 years of service in the respondent bank. The appellant had supplied all documents required in support of his claim as a Scheduled Tribe candidate and got the documents verified and approved before being employed. However, after 19 years of service, the authenticity of the appellant’s documents was re-evaluated, and two days before his superannuation, he received his cessation order without any proper enquiry. The appellant has been subjected to harassment for almost 19 years, and there appears to be a sinister motive against him and his right to pensionary benefits. The court observes that pensionary benefits are a constitutional right and cannot be denied without proper justification. The grant of pensionary benefits is not a bounty but a right of the employee. The use of delayed procedures as a dangling sword can only be interpreted as harassment.
R SUNDARAM … APPELLANT(S)
VERSUS
THE TAMIL NADU STATE LEVEL
SCRUTINY COMMITTEE & ORS. … RESPONDENT(S) decided by the Supreme Court of India on 17.03.23