In a recent ruling, the division bench of the Uttarakhand High Court emphasised that the state cannot unjustly deprive any employee of their entitlements. Underlining the state’s duty as a welfare provider, the court deemed the special appeal as an “abuse of process” and levied a fine of Rs 50,000 on the state government.
The decision comes in response to a special appeal filed by the state regarding pension benefits for a government employee.
The petitioner, Prakash Chandra Harbola, retired from the position of executive officer of Mahua Dabra Nagar Panchayat in Udham Singh Nagar district in 2015, following nearly thirty years of dedicated service. However, the government failed to grant him his rightful service benefits.
Consequently, Harbola initiated legal action in 2018, and in 2021, the court ruled in his favour.
The state government lodged a special leave petition challenging the 2021 verdict. The court contended against Harbola’s entitlement to pension benefits on procedural grounds and disputing the rationale behind his claim. In opposition, Harbola’s counsel, Bhagwat Mehra, argued against the state’s stance, emphasising the employee’s extensive tenure of service and the injustice of denying him pension rights.
