In a significant ruling, the Jharkhand High Court has emphasised that pensionary benefits are not merely discretionary but constitute a constitutional and fundamental right of employees. Justice SN Pathak, presiding over the case, expressed astonishment at the withholding of retiral benefits from an employee whose dismissal order had been overturned by the appellate authority without any further challenge from the Department.
The case involved a retired assistant teacher who sought a directive for the payment of his full pensionary benefits, encompassing pension, gratuity, GPF, GIS, leave encashment, and salary excluding subsistence allowance. The petitioner had initially been dismissed from service through a memo, a decision later overturned by the appellate authority. Despite this, the petitioner had to resort to judicial intervention as the benefits owed to him upon retirement were not granted.
The Court noted the absence of any legal impediment for the petitioner to receive his retirement benefits, as no criminal case or departmental proceeding was pending against him. Furthermore, it criticised the lethargic and negligent approach of the respondents, which had resulted in hardship and financial loss for the petitioner. It held the respondents accountable to pay interest on the due amount at an appropriate rate to compensate the petitioner for the delay and suffering endured.
The Court’s directive mandated the prompt payment of all retiral benefits, including pension, with an additional six per cent annual simple interest on delayed payments. Failure to comply within six weeks will result in an increased interest rate of 18 per cent annually until the full amount is settled, as clarified by the Court in its ruling.
