Shimla: The Himachal Pradesh High Court has held that pension “is not a bounty, it is earned for rendering a long and satisfactory service”.
“Also it is a social security plan consistent with the social-economic requirements of the Constitution. It is a succor for a post-retirement period.”
A Division Bench comprising Justice Vivek Singh Thakur and Justice Bipin Chander Negi passed this order on the appeal of Roop Lal.
The petitioner stated that he was engaged as a fitter on a daily wage in the Irrigation and Public Health (IPH) Department in 1991.
His services were regularised in 2002. He superannuated in 2010 after rendering services for eight 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. 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 definitely entitled to monetary benefits prospectively.”
The Bench found that the petitioner was 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 daily wager be added.
In case the length of service is more than eight years but less than 10 years, it shall be reckoned as 10 years.
Further, the judges directed the state government to extend all benefits of pension to the petitioner within one month.
However, the petitioner shall be entitled to monetary benefits three years prior to the date of filing the petition.
Benefits accruing beyond three years prior to the filing of the petition, if any, shall be only on a notional basis, they added.
Courtesy: “IANS”
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