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Pension is fundamental right, says High Court

THE ALLAHABAD High Court on Monday ruled that receiving pension is the fundamental right of an employee and his family. The court made it clear that the pension is not a bounty.

india Updated: May 15, 2006 22:20 IST

THE ALLAHABAD High Court on Monday ruled that receiving pension is the fundamental right of an employee and his family. The court made it clear that the pension is not a bounty.

Taking serious note of denial of pension, on one pretext or another, to a widow for the past ten years, the court directed the secretary, Urban Development of UP, to conduct an inquiry into the matter and fix personal responsibility upon the person or the officer due to whose lapse, the amount was not paid to the petitioner.

This order was passed by Justice Shishir Kumar on a writ petition filed by Bina Srivastava whose husband had died in 1996, during his service in UP Jal Nigam.
The court said that a person who had served in a particular department for a considerable period of time and died in harness but due to sickness  and carelessness on the part of respondents, the amount of gratuity, GPF and other amount had not been paid to the petitioner.

The court has said that after fixing personal responsibility upon the guilty officers, the amount of interest be paid and the same would be recovered from personal account of the guilty offers.

The Court has also directed the Chief Engineer UP Jal Nigam to make the payment of the dues to the petitioner within six weeks with eight per cent interest.

 Petition filed

A PETITION has been filed by Puja Pal, widow of slain Bahujan Samaj Party MLA Raju Pal, before the Allahabad High Court seeking investigation of the murder case of Raju Pal by Central Bureau of Investigation (CBI). Earlier, the Supreme Court on May 3, 2006, while disposing of this petition of Puja Pal, had directed Puja Pal to file fresh petition before the Allahabad High Court regarding CBI inquiry under writ jurisdiction, within two weeks.

The SC had, however, made clear the trial in the murder case would be stayed till the matter of CBI inquiry was decided.

To recall, SP MP Atiq Ahmad and his brother Khalid Azim alias Mohd Ashraf had been named as the main accused in this murder case. This petition is likely to be taken up before a Division Bench of Allahabad High Court within a day or two.