‘Pension is Earned Entitlement, Not Discretionary Benefit: Himachal Pradesh HC

The Himachal Pradesh High Court has affirmed that pension is not a discretionary benefit but a rightfully earned entitlement for dedicated service, according to a press release issued recently.

The court’s decision emphasized that pension is a social security scheme in line with the socio-economic requirements of the Constitution, providing support for the post-retirement period.

The decision came from a division Bench of Justice Vivek Singh Thakur and Justice Bipin Chander Negi, following an appeal filed by Sh. Roop Lal.

The petitioner had initially worked as a Fitter on a daily wage basis in the Irrigation & Public Health (IPH) Department in 1991, and his services were regularized in 2002. After serving on a regular basis for eight years, he retired in 2010. However, the minimum qualifying period of service required for pension eligibility is ten years of regular service.

The petitioner approached the High Court 12 years after retirement. The Court recognized that the claim for pension is a recurring cause of action. While any delay in filing the petition might disqualify the petitioner from receiving interest, he is still entitled to receive monetary benefits prospectively.

As per the official release, the Court found the petitioner eligible for a pension based on a Supreme Court verdict. This verdict states that services rendered as a regular employee should be calculated, and one year of regular service should be added for every five years of service as a daily wage worker. If the length of service is more than eight years but less than ten years, it should be reckoned as ten years.

The Court directed the State Government to grant all pension benefits to the petitioner within one month. However, the petitioner is entitled to monetary benefits three years prior to the date of filing the petition. Any benefits accruing more than three years before the petition’s filing will be on a notional basis.