SHIV SHANKAR THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) It is a well known principle that pension is not a bounty. The benefit is conferred upon an employee for his unblemished career.

(2.) In Deokinandan Prasad Vs. State of Bihar and others [(1971) 2 SCC 330], the Supreme Court authoritatively ruled that pension is a right and the payment of it does not depend upon the discretion of the Government, but is governed by the rules and a Government servant coming within those rules is entitled to claim pension. It was further held that the grant of pension does not depend upon anyone's discretion. It is only for the purpose of quantifying the amount having regard to the service and other allied matters that it may be necessary for the authorities to pass an order to that effect, but the right to receive pension flows to a officer not because of any such order but by virtue of rules.

(3.) This view of the Honourable Supreme Court was re-affirmed in State of Punjab and Anr. Vs. Eqbal Singh [(1976) 2 SCC 1].