Pension a Post-retirement Entitlement to Maintain Dignity of Employee, Observes Supreme Court
Pension a Post-retirement Entitlement to Maintain Dignity of Employee Observes Supreme Court
Pension is aid for post-retirement period and it isn’t a bounty payable at will, but a social welfare degree as a post-retirement privilege to preserve the respect of the representative, the Supreme Court on Wednesday said. The best court said that benefits encourages a resigned Government representative to live with respect in his winter of life and, hence, such advantage ought to not be nonsensically denied to a worker, more so on technicalities.
Coming to the protest of a man claiming his privilege for the past 13-years in spite of having worked with government offices for 32 years, a seat headed by Justices S K Kaul requested the Kerala government to incorporate the period of benefit rendered by him as casual specialists for deciding his pensionary benefits.
“Pension is aid for post-retirement period. It isn’t a bounty payable at will, but a social welfare degree as a post-retirement privilege to preserve the nobility of the representative. The appealing party has been claiming his privilege for the final nearly 13 years but unsuccessfully, in spite of having worked with Government departments in different capacities for approximately 32 years,” the seat said.
It said “the great thing almost the advantage rendered as a Casual Labour Roll (CLR) master would, in this way, be committed to be counted for choosing the pensionary benefits of the engaging party at standard with other CLR pros and the benefits be in like way calculated.”
The bench too comprising Justices Ajay Rastogi and Aniruddha Bose said that the back payments of annuity be transmitted to the appealing party inside a most extreme period of eight weeks from nowadays with allowable intrigued as appropriate to exceptional pension sums.
The bench settled the debate which remained pending within the best court for about a decade since 2010 whereas underscoring that the pensionary arrangements must be given a magnanimous development as a social welfare measure.
“It can’t be recommended that something can be given inverse to rules, but the uncommonly preface for acknowledgment of such valuable benefits must be kept in judgment skills, i.e., to empower and persuade a surrendered Government worker to live with regard in his winter of life and, subsequently, such sort of advantage got to not be nonsensically denied to an agent, more so on subtle elements,” the bench said.
The controversy emerged as former Kerala government employee V Sukumaran, worked in two divisions totally different capacities after joining the benefit as a casual specialist in 1976. Sukumaran worked for around seven a long time till 1983 as a casual specialist within the fisheries office and afterward joined the income office as lower division receptionist after taking an interest in a coordinate enrolment handle.
After serving within the revenue department for some years he looked for an inter-departmental exchange back to the fisheries office and returned to Thiruvananthapuram and joined on September 18, 1987 on probation of two a long time with the benefit being along these lines regularized on September 18, 1989. He superannuated as Upper Division Receptionist on attaining the age of superannuation on December 31, 2008 after serving the overall benefit of around 25 years, barring the starting benefit rendered as casual worker.
In 2006, Sukumaran made a representation to the Assistant Chief of the Fisheries Office for passing orders to treat his period of casual specialist benefit of more than seven a long time as qualifying benefit for pension.
In any case, the State Government did not acknowledge the proposal of the Fisheries Division and rejected the representation of Sukumaran in 2007 saying the advantage may not be amplified to him as Kerala Open Benefit Commission (KPSC) within the income division. He draws nearer the High Court in 2009, which rejected his appeal on the ground that he was appointed by KPSC and his period as casual specialist may not be counted.
By Sonal Dalbahadur Singh
Pension a Post-retirement Entitlement to Maintain Dignity of Employee Observes Supreme Court
