Special Leave Petition (Civil) No. 16734 of 2022 bound by the fundamental rights of its employees under Articles 14 to 16 of the Constitution of India
Special Leave Petition (Civil) No. 16734 of 2022 [Diary No. 27824 of 2020]-Decided on 19-09-2022
[AIR 2022 SC 4538 = AIROnline 2022 SC 219]
SUPREME COURT OF INDIA
STATE OF RAJASTHAN AND OTHERS (Appellant) VERSUS O.P. GUPTA (Respondent)
22. The State is bound by the fundamental rights of its employees under Articles 14 to 16 of the Constitution of India. It is now well settled that arbitrariness violates the right to equality under Articles 14 to 16 of the Constitution of India.
27. In this case, the Respondent-Writ Petitioner is claiming pension, which is a life long benefit. Denial of pension is a continuing wrong. This Court cannot also be oblivious to the difficulties of a retired employee in approaching the Court, which could include financial constraints.
28. It is settled law that when financial rules framed by the Government such as Pension Rules are capable of more interpretations than one, the Courts should lean towards that interpretation which goes in favour of the employee.
Click to download complete file
0 comments:
Post a Comment