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New Delhi:
Pension is succour for post-retirement interval and it’s not a bounty payable at will, however a social welfare measure as a post-retirement entitlement to take care of the dignity of the worker, the Supreme Court on Wednesday stated.
The high courtroom stated that pension facilitates a retired Government worker to dwell with dignity in his winter of life and, thus, such profit shouldn’t be unreasonably denied to an worker, extra so on technicalities.
Coming to the rescue of a person claiming his entitlement for the previous 13-years regardless of having labored with authorities departments for 32 years, a bench headed by Justices SK Kaul ordered the Kerala authorities to incorporate the interval of service rendered by him as informal employees for figuring out his pensionary advantages.
“Pension is succour for post-retirement period. It is not a bounty payable at will, but a social welfare measure as a post-retirement entitlement to maintain the dignity of the employee. The appellant has been claiming his entitlement for the last almost 13 years but unsuccessfully, despite having worked with Government departments in various capacities for about 32 years,” the bench stated.
It stated “the benefit of the service rendered as a Casual Labour Roll (CLR) worker would, thus, be liable to be counted for determining the pensionary benefits of the appellant at par with other CLR workers and the pension be accordingly calculated”
The bench additionally comprising Justices Ajay Rastogi and Aniruddha Bose stated that the arrears of pension be remitted to the appellant inside a most interval of eight weeks from at present with admissible curiosity as relevant to excellent pension quantities.
The bench settled the dispute which remained pending within the high courtroom for almost a decade since 2010 whereas emphasising that the pensionary provisions have to be given a liberal building as a social welfare measure.
“This does not imply that something can be given contrary to rules, but the very basis for grant of such pension must be kept in mind, i.e., to facilitate a retired Government employee to live with dignity in his winter of life and, thus, such benefit should not be unreasonably denied to an employee, more so on technicalities,” the bench stated.
The controversy arose as former Kerala authorities worker V Sukumaran, labored in two departments in numerous capacities after becoming a member of the service as an off-the-cuff employee in 1976.
Mr Sukumaran labored for round seven years until 1983 as an off-the-cuff employee within the fisheries division and later joined the income division as decrease division clerk after taking part in a direct recruitment course of.
After serving within the income division for a number of years he sought an inter-departmental switch again to the fisheries division and returned to Thiruvananthapuram and joined on September 18, 1987 on probation of two years with the service being subsequently regularised on September 18, 1989.
He superannuated as Upper Division Clerk on attaining the age of superannuation on December 31, 2008 after serving the overall service of about 25 years, excluding the preliminary service rendered as informal employee.
In 2006, Mr Sukumaran made a illustration to the Assistant Director of the Fisheries Department for passing orders to deal with his interval of informal employee service of greater than seven years as qualifying service for pension.
However, the State Government didn’t settle for the advice of the Fisheries Department and rejected the illustration of Sukumaran in 2007 saying the profit couldn’t be prolonged to him as Kerala Public Service Commission (KPSC) within the income division.
He approached the High Court in 2009, which rejected his petition on the bottom that he was appointed by KPSC and his interval as informal employee couldn’t be counted.
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