Pension is a constitutional right, can’t be cut without due process: SC

Pension is a constitutional right, can’t be cut without due process: SC

In Vijay Kumar v. Central Bank of India & Ors., the Supreme Court of India on July 15, 2025, held that pension is a constitutional right under Article 300A and cannot be reduced without proper procedure. Vijay Kumar, a former Chief Manager at Central Bank of India, was compulsorily retired for misconduct and his pension was reduced to two-thirds under Regulation 33 of the Pension Regulations, 1995. The bank did not consult the Board of Directors or provide him an opportunity to be heard. The High Court upheld the reduction, but the Supreme Court found this erroneous. It ruled that Clause (1) and Clause (2) of Regulation 33 must be read harmoniously, and when the disciplinary authority also acts as the appellate or reviewing authority, prior Board consultation is mandatory. The Court emphasized that pension is not discretionary and procedural safeguards must be followed. It directed the bank to reconsider its decision within two months or restore full pension.