Pensioners now have a reason to smile. In a landmark judgment, the Bombay high court has held that pension is a vital aspect of social security and that the right to receive it constitutes a right to life under the constitution. Moreover, it held that pension must be paid regularly in the first week of the month.
‘‘Deprive a pensioner of the payment and you deprive him or her of the right to life. Delayed pensionary payments place a pensioner in a position of uncertainty and dependence which impinges on the quality of life under Article 21, and the right to dignified existence of the aged,’’ said Justice D Y Chandrachud while directing the transport undertaking of Solapur Municipal Corporation to deposit the pensions of 13 retired employees on the first day of the succeeding month or latest by the seventh day.
The judge noted that pensioners can’t be left to the mercy of the administration to receive what is a matter of right. ‘‘Pensioners must lead their lives with a sense of self-respect and dignity,’’ he held as he innovatively developed the rights of senior citizens, especially pensioners, in consonance with the guarantees expected under the constitution. The judgment was passed in a case where the Solapur civic body had challenged a direction of an industrial court which had labelled its action of delaying pension payments inordinately each month as an unfair labour practice and directed it to credit the monthly pension by the first day of each following month.
The civic body explained that it was in financial difficulties and said it could pay by the 15th and not the first. The civic body argued that the Maharashtra Civil Services (Pension) Rules does not mandate payment by the first of each following month. It says payment has to be made ‘‘on or after the first day...’’
Source:-The Times of India Delhi 23 December 2008 P. 14
For any query:- legalpoint@aol.in
Source:-The Times of India Delhi 23 December 2008 P. 14
For any query:- legalpoint@aol.in
1 comment:
The Bombay HC judgment is no doubt a landmark in respect to pensioners' right to live with dignity and self respect. Interpretation of article 21 of the Constitution is also exemplary. But this judgment was meant for the pensioners of Govt. employees and that of statutoru bodies as laid down in the Constitution. But what about the pensioners of private employers. I wonder whether this judgment can be sited in various cases pending in several High Courts as a right of the pensioners to demand periodical increase of pension as per the price index. Particularly, those pensioners who are paid in lieu of provident fund according to latest PF Act. In those cases the pension remains stagnant and does not increase. There are several such instances. I am a pensioner of Standard Chartered Bank and my pension has not been revised since 1999 in spite of the fact that there was an arbitration award declaring that pension should be increased periodically according to rise of price index. This is injustice which is being sanctified by Kolkata High Court. I would like to seek legal opinion in order to fight this injustice. my contact e-mai ID is: lokenathm@yahoo.com.
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