Court: Pension is not charity but indefeasible right of employees

Court: Pension is not charity but indefeasible right of employees

TIMES NEWS NETWORK

Bengaluru:  22.11.2020 

Pension is neither a bounty, charity or a gratuitous payment, but an indefeasible right of an employee. The high court made this observation while coming to the rescue of a retired employee of state-owned Karnataka Power Transmission Corporation Limited (KPTCL ), who was denied terminal benefits even 21 years after retirement.

“Terminal benefits will enable a retired employee to live a life free from want, with decency, independence and self-respect. Depriving such a right to livelihood will leave a pensioner to fall on the thorns of life and bleed,” Justice M Nagaprasanna said.

Reminding the corporation that pension payable to its employees on superannuation is a property under Article 300-A as well as a fundamental right to livelihood under Article 21 the Constitution, the judge said deprivation of even part of it cannot be accepted, except in accordance with law.

Theft allegation and litigation

Thimmaiah, who was working as a storekeeper, was accused of theft and a police complaint lodged. KPTCL, without holding any inquiry, terminated his service which he challenged in 1999. On January 20, 2000, the high court set aside the termination and reserved liberty to KPTCL to hold a fresh inquiry in terms of their regulations. During the pendency of the petition, Thimmaiah retired on June 30, 1999.

Thereafter, Thimmaiah had to approach the court several times as KPTCL firstly withheld his pension and terminal benefits and thereafter sought recovery of the entire amount vis-a-vis alleged theft. In April 2013, the court imposed a cost of Rs 10,000 on KPTCL and directed initiation of proceedings in terms of pension regulations. After this, the corporation through an order on May 2, 2015, dropped disciplinary proceedings but did not release terminal benefits.

Though Thimmaiah submitted a representation in July 2017 to the company contending that he is already 77 years old and due to adverse health conditions, he is struggling to maintain his expenses with not a paise of terminal benefit granted. As it was not considered, he moved the high court again.

KPTCL has to settle in two weeks the terminal benefits of KT Thimmaiah, from June 30, 1999, the date of his retirement, along with interest at 9 per cent per annum from the date it was due. This apart, Rs 50,000 has to be paid as cost to the petitioner