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

By aor.sanjivnarang@gmail.com

Sanjiv Narang Adv. is an Advocate on Record in the Supreme Court of India. His qualifications include an LLB from University of Delhi and a Masters degree in Personnel Management from Panjab University,Chandigarh.In his more than 3 decades of experience, he has practiced law at the District, High Court and Supreme Court levels.He also has more than a decade of experience in the field of Management. He is the author of two books namely Laws for Women in India and Innovation, Why What and How.