Kerala - Kochi   

Court directive to consider pensioners’ plea

KOCHI: The Kerala High Court has directed the Union government to take a decision on the request by Central government pensioners for restoration of commuted pension after 12 years from the date of commutation as recommended by the Fifth Pay Commission.

The directive was given by Justice V. Giri while disposing of a petition filed by the Central Government Pensioners’ Association, Kerala. The petitioner contended that though the government had accepted the recommendation of the commission and enhanced the age of superannuation from 58 to 60 for Central government employees, the restoration of pension consequent on commutation was being effected after 15 years and not after 12 years as recommended by the commission.

So the petition sought a directive to the Central government to accept the recommendations of the commission and to order restoration of the pension drawn by the Central government on commutation after 12 years from the date of retirement.

The court observed that the recommendations made by the commission affected a large number of citizens. It “affected” their standard of living and therefore it “affected the right to life guaranteed under Article 21 of the Constitution.”

The right to accept pension was not a “bounty” given by the employer.

The court pointed out that the Supreme Court had time and again held that pension was the right of a government servant which formed part of the earning accrued by dint of his service. There was a statutory rule governing such right.

Therefore, the right to receive pension could be a statutory right as well.

Printer friendly page  
Send this article to Friends by E-Mail

Stories in this Section

Celebrating Sambalpuri culture
Gem and jewellery exports lend shine to Cochin SEZ
Film festival drawing crowds
Law reforms commission prepares five draft bills
Court directive to consider pensioners’ plea
Thrikkakkara plans biogas plants
German warships in Kochi
Maritime day fete ends
Lawyer arrested
Kochi Today

Copyright © 2008, The Hindu. Republication or redissemination of the contents of this screen are expressly prohibited without the written consent of The Hindu