October 11, 2025

On March 29, 1990, Mr. Kumar (name changed) started his journey as Assistant Director in a government department. In 2000, he got promoted to Deputy Director but was later demoted back due to a correction in the gradation list. However, a court order restored him as Deputy Director before he retired on January 31, 2018, on reaching superannuation age. Trouble began when, while still in service, Mr. Kumar was accused of misappropriation. He denied all charges, saying he acted legally. After retirement, on December 13, 2018, he got a show-cause notice (SCN) demanding an explanation. He responded on January 25, 2019, rejecting the allegations firmly. Despite this, on February 2, 2021, the government ordered recovery of Rs 9.23 lakh from his pension under Rule 9 of the Chhattisgarh Civil Services (Pension) Rules, 1976. Upset, Mr. Kumar challenged this in the Chhattisgarh High Court, calling the order illegal and unfair. The government argued that the notice was given before retirement and followed due process, mentioning notices in 2016-17. But the court saw things differently. Sadly, Mr. Kumar passed away on June 20, 2024, during the court battle. On April 2, 2025, the High Court ruled in his family’s favour, stating that pension and gratuity are hard-earned benefits, protected as "property" under Article 300-A of the Constitution. The court said these cannot be taken away without proper legal process and a finding of guilt in judicial or departmental proceedings. Vipul Jai, Partner at PSL Advocates and Solicitors, explained, "The Court categorically held that any such recovery can be made only where the employee has been found guilty in duly concluded judicial or departmental proceedings." In this case, only a show-cause notice and reply existed — no proven guilt. Kunal Maliramani, Advocate from Accord Juris, told ET Wealth Online, "The judgment is significant because it protects retired employees and their legal heirs from arbitrary deductions or recoveries by the government. Pension is a constitutional right earned through dedicated service, not charity." Justice Bibhu Datta Guru emphasized that pensions and gratuity are "not bounties" but earned "property". He added, "Attempts by the State Government to take away pension or gratuity without statutory provisions and due legal process cannot be accepted." The court quashed the recovery order and directed refund of any amount already deducted within 45 days to Mr. Kumar’s heirs. The judgment is a strong shield for pensioners across India, promising fairness, respect, and legal protection for their post-retirement dues. Aditya Chopra, Managing Partner at The Victoriam Legalis, highlighted the court’s reliance on Supreme Court rulings about natural justice. "Employees must be heard fairly before any pension deduction," he said. "This judgment safeguards retirees and their families from illegal and harsh government actions." So, this fiery verdict from Chhattisgarh High Court not only ended injustice for Mr. Kumar’s family but also sent a powerful message: pensions are a right, not a gift, and government must follow the law to touch them!

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Tags: Pension rights, Chhattisgarh high court, Government order, Rule 9, Civil service pension, Constitutional law,