Hon’ble Supreme Court rules that A person cannot be deprived of Retirement Benefit without the authority of law and that executive instructions are not having statutory character and, therefore, cannot be termed as “law” within the meaning of aforesaid Article 300 A
CA. No.6770/2013 @ SLP (C) No. 1427 of 2009 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6770 OF 2013 (Arising out of Special Leave Petition (Civil) No. 1427 of 2009) State of Jharkhand & Ors...... Appellant(s)Vs. Jitendra Kumar Srivastava & Anr. .....Respondent(s) WITH C.A. No. 6771/2013 (arising out of SLP(C) No. 1428 of 2009) J U D G M E N T A.K. Sikri, J 1.Leave granted. 2.Crisp and short question which arises for consideration in these cases is as to whether, in the absence of any provision in the Pension Rules, the State Government can withhold a part of pension and/or gratuity during the pendency of departmental/ criminal proceedings? The High Court has answered this question, vide the impugned judgment, in the negative and hence directed the appellant to release the withheld dues to the respondent. Not happy with this outcome, the State of Jharkhand has preferred this appeal. 3.For the sake of convenience we will gather the...