Introduction:

In a significant judgment, the Chhattisgarh High Court has reaffirmed that pension is a hard-earned benefit and constitutes ‘property’ under Article 300-A of the Indian Constitution. The case involved Rajkumar Gonekar, a retired Deputy Director, from whose pension the state government sought to recover ₹9.23 lakhs, alleging misappropriation during his service. The court quashed the recovery order, emphasizing that such deductions without due process violate constitutional protections.

Arguments:

Petitioner’s Arguments:

The petitioner contended that the recovery order was arbitrary and lacked adherence to due process. They argued that no formal disciplinary or judicial proceedings had established Gonekar’s guilt, making the recovery of his pension unjustified.

Respondent’s Arguments:

The state government argued that notices regarding the alleged misappropriation were issued before Gonekar’s retirement, and the recovery was authorized under Rule 9 of the Chhattisgarh Civil Services (Pension) Rules, 1976. They maintained that the recovery was lawful and based on administrative procedures.

Court’s Judgment:

Justice Bibhu Datta Guru observed that pension and gratuity are not mere bounties but are earned through long and faithful service, thus constituting ‘property’ under Article 300-A. The court noted that Rule 9 permits recovery from the pension only if the employee is found guilty in departmental or judicial proceedings. In Gonekar’s case, no such proceedings had concluded with a finding of guilt. Therefore, the recovery order lacked legal standing and was quashed. The court directed the state to refund any amount already deducted from Gonekar’s pension.