Skip to content


F.R. Jesuratnam Vs. Union of India (Uoi) and ors. - Court Judgment

LegalCrystal Citation
SubjectService
CourtSupreme Court of India
Decided On
Case NumberCivil Appeal No. 2827 of 1986 with SLP No. 5907 of 1985
Judge
Reported in1986(2)SCALE879; 1990(Supp)SCC640
AppellantF.R. Jesuratnam
RespondentUnion of India (Uoi) and ors.
Excerpt:
-   [ p.n. bhagwati, c.j. and; v. khalid, j.] -- service law — gratuity — forfeiture of — employees have a right to be paid gratuity and government has no discretion in the matter — hence order of forfeiture of gratuity set aside -- since there is no legal provision empowering the authorities to forfeit the gratuity payable to an employee, the order passed by the government forfeiting the gratuity payable to the appellant must be held to be bad and must be set aside..........
Judgment:

P.N. Bhagwati, C.J. and; V. Khalid, J.

1. Special leave granted.

2. We are of the view that gratuity is no longer a bounty but it is a matter of right of the employee and it can therefore no longer be regarded as a provision in the discretion of the President as provided in the Pension Regulations. Since there is no legal provision empowering the authorities to forfeit the gratuity payable to an employee, the order passed by the Government forfeiting the gratuity payable to the appellant must be held to be bad and must be set aside. We accordingly set aside the order of the High Court as also the Order of the Government forfeiting the gratuity of the appellant and direct that gratuity shall be paid to the appellant forthwith. There will be no order as to costs of the appeal. The appeal is disposed of in these terms.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //