Mar 12 2016 : Mirror (Ahmedabad)
`Pension isn't bounty payable at sweet will'
`Pension isn't bounty payable at sweet will'
A very useful judgement for supporting 100% DA and Updation cases of Bank Pensioners
HC tells state it has only heard civic bodies crib about money crunch; right to receive pension with revision not dependent on municipality's financial condition
The high court took the state government and civic bodies to task, on Friday, for not pay ing proper pension to retired government employees. Pension is not bounty that is payable at sweet will of the government, said Justice J B Pardiwala.
HC lashed out at the government as a large number of cases regarding pension benefits are being filed before court."Pension is not a bounty payable on the sweet will and pleasure of the government or an instrumentality of the state or a local civic body, as the case may be. On the contrary, the right to pension is a valuable right vesting in a government servant," said the judge while allowing a petition filed by Nadiad Municipal Pensioners Association.The pensioners had filed a plea in 2014 after the Nadiad municipality failed to give them revised pension as per the Sixth Pay Commission, despite an earlier court order. The civic body put forth "severe financial crunch" as the reason behind nonpayment of pension.The judge said, "The right to receive pension with corresponding revision, according to recommendations of the Pay Commission, is property under Article 31(1) of the Constitution and the same cannot be withheld on the plea of weak financial condition."The court said, "As usual, Nadiad municipality has put forward a very lame and untenable plea to wriggle out of its liability to revise the pension in accordance with the Sixth Central Pay Commission on the ground that the establishment expenses are more than 48 per cent. Which corporation or municipality in the state of Gujarat has so far said before the court of law that they are doing fine and their financial condition is sound? The courts have so far heard only the cribbing of corporations and nagarpalikas, that their financial condition is very poor. Obviously, how could their financial condition improve when there is more of politics and less of good governance and administration?" Regarding arguments of the civic body that the pension depends on its financial condition, the judge further said, "It is very difficult for me to appreciate the argument canvassed on behalf of the municipality that the right of pensioners to receive pension, with the corresponding revision, is dependent on the financial condition of the municipality, more particularly, when the Nadiad municipality has its own pension fund scheme."
