HAYATBIBI FATEHKHAN SINDHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) xxx xxx xxx.

(2.) In the said case, the benefits were made available only to those who were in service as on 31-3-1979. There the Hon'ble Supreme Court observed as under :

(3.) So far as the second decision is concerned, in para 7 of the said Judgment, the Supreme Court observed to the effect that the pension is a right and not a bounty or gratuitous payment. That the payment of pension does not depend upon discretion of the State Government but is governed by the relevant rules. Therefore, any one entitled to the pension under the Rules can claim it as a matter of right.