Panchayat & Rural Development Department v. Santosh Kumar Shrivastava 2025 INSC 1142 - Pension - Govt. Accommodation
Service Law - The payment of retiral dues/gratuity/pension is not a matter of bounty but in fact a matter of right of every employee, should there be some rule or statute from where the right may originate. (Para 8) Pension and other retiral dues are benefits that have been earned by an employee due to the service rendered to the institution paying the pension/other retirement benefits. The grant of a residence corresponds to the position held at the time by such employee. The width of these two aspects is separate and distinct. Pension and retirement benefits accrue from a much wider base as the culmination of all efforts, across employment whereas the latter is only for a limited time, till such a person is holding that position. The latter cannot obstruct or defeat the former. [Context: In this case, the issue was whether on account of failure to vacate government residence upon superannuation is a valid justification for withholding the payment of retiral dues/pension: - SC held: no reasonable explanation acceptable to law is forthcoming except for the attempt to hold back pensionary benefits as a sword on the Respondent’s head for not having vacated his government allotted accommodation]
Case Info
Case Name and Neutral Citation
- Case Name: Panchayat & Rural Development Department & Ors. v. Santosh Kumar Shrivastava
- Neutral Citation: 2025 INSC 1142
Coram (Judges)
- Justice Sanjay Karol
- Justice Prashant Kumar Mishra
Judgment Date
- Date: 22nd September 2025
Caselaws and Citations Referred
- HK Saxena (Dr.) v. Dr. Harisingh Gour Vishwavidyalaya and Anr.
- Citation: (2004) 1 MPLJ 69
- PEPSU RTC v. Mangal Singh
- Citation: (2011) 11 SCC 702
- U.P. Roadways Retired Officials & Officers Assn. v. State of U.P.
- Citation: (2024) 9 SCC 331
- Syed Abdul Qadir v. State of Bihar
- Citation: (2009) 3 SCC 475
- Sahib Ram v. State of Haryana
- Citation: 1995 Supp (1) SCC 18 : 1995 SCC (L&S) 248
- Shyam Babu Verma v. Union of India
- Citation: (1994) 2 SCC 521 : 1994 SCC (L&S) 683 : (1994) 27 ATC 121
- Union of India v. M. Bhaskar
- Citation: (1996) 4 SCC 416 : 1996 SCC (L&S) 967
- V. Gangaram v. Director
- Citation: (1997) 6 SCC 139 : 1997 SCC (L&S) 1652
- Col. B.J. Akkara (Retd.) v. Govt. of India
- Citation: (2006) 11 SCC 709 : (2007) 1 SCC (L&S) 529
- Purshottam Lal Das v. State of Bihar
- Citation: (2006) 11 SCC 492 : (2007) 1 SCC (L&S) 508
- Punjab National Bank v. Manjeet Singh
- Citation: (2006) 8 SCC 647 : (2007) 1 SCC (L&S) 16
- Bihar SEB v. Bijay Bhadur
- Citation: (2000) 10 SCC 99 : 2000 SCC (L&S) 394
Statutes/Laws Referred
- Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaya Peeth Ko Appeal) Adhiniyam, 2005
- M.P. Revision of Pay Rules, 2009
#SupremeCourt reiterates that the payment of retiral dues/gratuity/pension is not a matter of bounty but in fact a matter of right of every employee. https://t.co/pRIJVL3DnO pic.twitter.com/rKX9jYswif
— CiteCase 🇮🇳 (@CiteCase) September 24, 2025