https://www.taxtmi.com/caselaws?id=157703 Rule 76 of the Bihar Service Code could not validly be invoked where continuous absence from duty was broken by court restraint and an operative decree, so the cessation of service order was unsustainable and had to be quashed. Refusal of pension under Rule 46 of the Bihar Pension Rules also failed because the disqualification depended on a valid dismissal or removal for misconduct, insolvency, or inefficiency, and no such valid foundation existed. Pension was treated as a statutory entitlement, not executive grace, and as property protected by the Constitution, making a writ petition under Article 32 maintainable against unlawful withholding. en-us Tue, 04 May 1971 00:00:00 +0530 Wed, 08 Feb 2017 10:45:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=157703 Rule 76 of the Bihar Service Code could not validly be invoked where continuous absence from duty was broken by court restraint and an operative decree, so the cessation of service order was unsustainable and had to be quashed. Refusal of pension under Rule 46 of the Bihar Pension Rules also failed because the disqualification depended on a valid dismissal or removal for misconduct, insolvency, or inefficiency, and no such valid foundation existed. Pension was treated as a statutory entitlement, not executive grace, and as property protected by the Constitution, making a writ petition under Article 32 maintainable against unlawful withholding. Case-Laws Indian Laws Tue, 04 May 1971 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=157703