Himachal: High Court rules pension is earned right, grants relief in landmark case
Oct 12, 2023
Shimla (Himachal Pradesh) [India], October 12 : The Himachal High Court ruled that the pension is not a discretionary benefit but an earned entitlement for dedicated service, said a press release on Thursday.
The release further mentioned that the court in its decision referred to pension as a social security plan consistent with the social-economic requirements of the Constitution. It is a succour for the post-retirement period.
The decision came from a Division Bench comprising Justice Vivek Singh Thakur and Justice Bipin Chander Negi, following an appeal filed by Sh. Roop Lal.
The petitioner was engaged as a Fitter on a daily wage basis in the Irrigation & Public Health (IPH) Department in the year 1991 and his services were regularized in the year 2002, said the press release.
He superannuated in the year 2010, after rendering services for 8 years on a regular basis. The minimum requisite qualifying period of service for a grant of pension is 10 years of regular service.
The petitioner approached the High Court 12 years after superannuation and the Court found that the claim for pension is a recurring cause of action and any delay in filing the present petition would dis-entitle the petitioner from a grant of interest but he is definitely entitled to monetary benefits prospectively, said the press release.
As per the official release, the Court found the petitioner entitled to pension on the basis of the 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 a daily wager, be added. In case the length of service is more than eight years but less than ten years, the same shall be reckoned as ten years.
Further, 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. Benefits accruing beyond three years prior to filling of the petition, if any, shall be only on notional basis.
