Shimla – In a decision, the High Court of Himachal Pradesh has firmly ruled that pension is not a mere handout but a well-deserved reward for individuals who have dedicated themselves to long and commendable service.
The high court division bench comprising of Justice Vivek Singh Thakur and Justice Bipin Chander Negi, declared that pension embodies a social security plan, in alignment with the socio-economic principles enshrined in the Constitution, offering much-needed support for individuals during their post-retirement years.
This ruling came to fruition during an appeal brought forth by Sh. Roop Lal, a retired public servant.
The case in question pertains to the petitioner, who initially served as a Fitter on a daily wage basis in the Irrigation & Public Health (IPH) Department back in 1991.
His dedication and hard work led to his services being regularized in 2002. Eventually, he retired from active service in 2010, having completed a remarkable eight years of service on a regular basis. Nevertheless, it's worth noting that the minimum requirement for pension eligibility is a decade of regular service.
Surprisingly, the petitioner decided to approach the High Court a full twelve years after his superannuation.
The court, while acknowledging the recurring nature of pension claims, expressed concerns regarding the delay in filing the petition.
Consequently, it was decided that the petitioner would not be granted interest on his claim due to the belated filing. However, he would unquestionably be entitled to receive monetary benefits on a prospective basis.
The Court's decision rested on a Supreme Court verdict, which outlined a clear method for calculating pension.
The ruling stipulates that services rendered as a regular employee should be computed first. Following this, a component equating to one year of regular service for every five years served as a daily wager is to be added.
In cases where the length of service falls between eight and ten years, it shall be treated as ten years for pension calculation purposes.
Furthermore, the High Court has directed the State Government to swiftly extend all pension-related benefits to the petitioner within a month.
However, the petitioner shall be entitled to monetary benefits for a period spanning three years prior to the date of filing the petition. Any benefits accruing beyond this three-year window will be granted on a notional basis.
