Case Note & Summary
The dispute arose from the appellant's claims for salary and pension after his retirement from the service of the former Indian State of Hyderabad. The appellant, who retired on January 21, 1956, sought to be paid the salary of a High Court Judge from October 1, 1947, and a pension of Rs. 1,000 per month. The government denied these claims, leading the appellant to file a writ petition in the High Court of Andhra Pradesh. The Single Judge ruled that the right to pension was a fundamental right and allowed the appellant's claim for future pension at Rs. 1,000 per month and arrears for three years. However, the Division Bench reversed this decision, relying on previous judgments that upheld a retrospective amendment reducing the pension amount. The Supreme Court found the Division Bench's reliance on these earlier cases to be misplaced, clarifying that the appellant's right to pension had accrued at retirement and could not be altered by subsequent amendments. The court emphasized that pension is a property right protected under the Constitution and cannot be taken away by executive orders. Consequently, the Supreme Court restored the Single Judge's order, directing the State to pay the appellant the amounts due and future pension at the rate of Rs. 1,000 per month.
Headnote
A) Constitutional Law - Pension Rights - Retrospective Amendment - Invalidity of Amendment - Constitution of India, 1950, Articles 19(1)(f), 31 - The court held that the right to receive pension is a fundamental right and cannot be curtailed by retrospective amendments made by the State. The amendment to Rule 299(1)(b) was deemed void as it took away the appellant's accrued right to pension (Paras 938-939).
Issue of Consideration
Whether the State could curtail or take away the right to pension by an executive order.
Final Decision
The Supreme Court allowed the appeal, reversed the Division Bench's judgment, and restored the Single Judge's order, directing the State to pay the appellant the amounts due and future pension at Rs. 1,000 per month.
Law Points
- Fundamental rights
- pension rights
- retrospective amendments
- executive orders
- property rights
