Great gift to pensioners, amazing decision of Allahabad High Court, pensioners became rich Pension News

 Great gift to pensioners, amazing decision of Allahabad High Court, pensioners became rich Pension News Pension News: Allahabad High Court has recently given an important decision, under which pension has not been considered as a grace or blessing of the government, but it has been termed as a constitutional right of pensioners. This decision not only explains the thinking of Allahabad High Court, but also gives a glimpse of similar decisions given by other high courts of the country.

Background of a case

The background to this decision was a case in which the husband of a female petitioner Chhaya was employed as a sweeper in the Municipal Corporation. After his retirement, he was not paid retirement benefits and pension. After waiting for a long time, when it was discovered that the Municipal Corporation had deliberately not made the payment, Chhaya filed a petition in the Allahabad High Court.

Right to pension

After hearing the case, the Allahabad High Court reprimanded the Municipal Corporation and said that giving pension to the employees is the binding duty of the government and not a reward for their long service. The court clarified that the employee can claim pension as his right, as it is his fundamental right.

Decisions of other High Courts

Before this decision of Allahabad High Court, many other High Courts of the country have also given similar decisions. Himachal Pradesh High Court has advocated recovery of interest from the employees and officers of the department in case of delay in payment of pension and giving it to the pensioner. Bombay High Court has also said that pension is a fundamental right and retired employees cannot be deprived of its payment.

According to the Chhattisgarh High Court, the employee's gratuity and retirement benefits are his property and constitutional rights. In case of delay in its payment, it should be paid to the employee/pensioner along with interest at the current market rate.

Importance of decisions

These decisions make it clear that when an employee retires from service, he should get the fruits of his service in the form of pension and retirement benefits. This cannot be denied, and pension should not be stopped under any circumstances.

Problems with the new pension scheme

Employees recruited after 1 January 2004 receive a meagre pension under the new pension scheme instead of the old pension scheme, which is not enough to sustain them. These decisions make it clear that pension is everyone's right, and employees recruited after 2004 should also get the benefit of the old pension scheme.

Overall, these decisions protect the interests of employees and pensioners and make it clear that pension is a right and not a favour from the government. This not only ensures financial security for employees, but also motivates governments to fulfill their obligations.