Pension earned for long, satisfactory service: Himachal HC

A division bench comprising Justice Vivek Singh Thakur and Justice Bipin Chander Negi passed the order on an appeal filed by one Roop Lal

The high court of Himachal Pradesh has held that pension is not a bounty, but is earned for rendering a long and satisfactory service. It is a social security plan consistent with the social-economic requirements of the Constitution.

The bench directed the state government to extend all benefits of pension to the petitioner within one month. (iStock)

A division bench comprising Justice Vivek Singh Thakur and Justice Bipin Chander Negi passed the order on an appeal filed by one Roop Lal.

The petitioner, who was engaged as a daily wage fitter in the irrigation and public health department in 1991, was then regularised in 2002. He superannuated in 2010 and was not qualified for pension as the minimum period of service for pension is 10 years.

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 disentitle 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 a Supreme Court verdict where it was held that the services rendered as a regular employee may first be computed. After that, one year of regular service for every five years as a 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.

The bench directed the state government to extend all benefits of pension to the petitioner within one month.

The petitioner will be entitled to benefits three years prior to the date of filing of the petition, and any benefits accruing beyond three years, if any, shall be on notional basis.