IBEX NEWS, Shimla.
The High Court of Himachal Pradesh has held that pension is not a bounty, it is earned for rendering a long and satisfactory service. It is a social security plan consistent with the social-economic requirements of the Constitution. It is a succor for post-retirement period.
A Division Bench comprising Justice Vivek Singh Thakur and Justice Bipin Chander Negi, passed this order on an appeal filed one Sh. Roop Lal.
The brief facts of the case are that the petitioner was engaged as a Fitter on daily wage basis in the Irrigation & Public Health (IPH) Department in the year 1991. His services were regularized in the year 2002. He superannuated in the year 2010, after rendering services for 8 years on a regular basis. The minimum requisite qualifying period of service for grant of pension is 10 years regular service.
The petitioner approached 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 for monetary benefits prospectively.
The Court found the petitioner entitled for pension on the basis of 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 ten years, the same shall be reckoned as ten years.
Further the Court has 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