Logo

Logo

Pension isn’t bounty, it’s earned for rendering long, satisfactory service: Himachal HC

While delivering the ruling, the court observed that pension is not a bounty, it is earned for rendering a long and satisfactory service.

Pension isn’t bounty, it’s earned for rendering long, satisfactory service: Himachal HC

Himachal Pradesh High Court (Photo: SNS)

Providing relief to a pensioner, the Himachal Pradesh high court directed the state government, on Thursday, to extend him all benefits of pension within one month. While delivering the ruling, the court observed that pension is not a bounty, it is earned for rendering a long and satisfactory service.

It said pension is a social-security plan consistent with the socioeconomic requirements of the Constitution and is a succour for post-retirement period.

Advertisement

A division bench comprising Justice Vivek Singh Thakur and Justice Bipin Chander Negi passed this order on an appeal filed by a petitioner named Roop Lal.

Advertisement

The petitioner was engaged as a fitter on a daily-wage basis in the irrigation and public health department, in 1991. His services were regularized in 2002 and he superannuated in 2010, after serving for eight years on a regular basis.

The minimum requisite qualifying period of service for grant of pension is 10 years regular service.

The petitioner had approached the high court 12 years after his superannuation. The court found that the claim for pension is a recurring cause of action. Delay in filing the present petition would dis-entitle the petitioner for grant of interest but he is entitled for monetary benefits prospectively.

The court observed that the petitioner was entitled for pension based on a Supreme Court verdict, whereby it has been held that the services rendered as a regular employee may first be computed.

After that the component at the rate of one year of regular service for every five years of service as daily wage, be added, the court said. In case the length of service is more than eight years but less than 10 years, the same shall be reckoned as 10 years.

Furthermore, the court directed the state government to extend all benefits of pension to the petitioner within one month.

However, the petitioner shall be entitled for monetary benefits three years prior to the date of filing of the petition, the court maintained, adding that the benefits accruing beyond three years prior to filling of the petition, if any, shall be only on notional basis.

Advertisement