Right to Pension is a Constitutional Right : Kerala High Court

Right to pension

KERALA: In the recent matter, Kerala High Court has held that the Right to Pension is a Constitutional Right. The bench held by Justice V.G Arun observed that pension is a deferred salary and the right to the same is akin to the right to property under Article 300A of the Constitution of India.

The Court adjourned the matter when the petition was moved to Kerala High Court by the retired and current employees of the Kerala Books and Publications Society, owned by the State Government. The EPF was given to the employees and the Employees Pension Scheme was made applicable to all the employees of Kerala Books and Publications Society.

The Counsel members of the retired employee Advocates Kaleeswaram Raj and T.M Raman Kartha argued that they were entitled to get the full pension from the date of their retirement in accordance with the Pension Regulations.

On the other hand, Counsel for the current employee Advocates P. Ramakrishnan and Sherry J. Thomas argued that the Government Order notifying the Pension Regulations should be quashed citing that the EPF scheme was more beneficial.

Advocate Latha Anand appeared for the KBPS and submitted that the society was not running on huge profits and that in any event, under the prevailing circumstances, the revenue generated by the society could not be utilized for payment of pensions to retired employees.

Respondent counsel said that full pension can be paid only if the contribution already made is refunded by the EPF Organisation or the huge amounts due from the government are paid.

The Court found that as per the Pension Regulations Laws, an employee is entitled to a pension from the next day of his retirement. The Regulations did not contain any provision enabling the employer to pay any amount lesser than what is legitimately due to the pensioner.

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