Sir,
It is legally unsound that the Government plays ducks and drakes with the payment of 6th Pay Commission pension arrears to its retirees, the receipt of which is their legal and constitutional right.
The 6th Edition of Black’s Law Dictionary at page 1134, defines Pension: “Pension means retirement benefit paid regularly (normally, monthly) with the amount of wages or salary of pensioner. Deferred compensation for services rendered.” Article 366(17) of the Constitution of India also defines “Pension”.
The Supreme Court of India has said: “Pension is not a bounty payable at the sweet will of the Government (AIR 1973, SC 834; AIR 1983 SC 130 at 136). The Right to Pension is a valuable right vested in a Government Servant and is a property and cannot be withheld by a mere executive order. Courts of our country have also held that claim to pension is property under Article 19(I) (f) and cannot be saved by Sub-Article (5) of Article 10. It should be borne on mind that even after Constitution Amendment Act 1978, it still remains protected as property under Article 300(A) of the Constitution of India.
The important and special status attached to pension is also underlined by decisions of our courts which go to show that once pension has been paid, the courts are reluctant to direct recovery of the same by the employer even though strictly speaking such payment was not in order or lawful. Hence recovery has been disallowed where payment has been made to persons. (Bhima Bhatta VS State of Karnataka JT 1996(2) SC 236).
Yours etc….
Predhuman K. Joseph Dhar,
Jammu
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