High court of Chennai: Pension can’t be withheld, it’s like fundamental right

CHENNAI: Right to pension is like right to property, which is enforceable as a fundamental right under the Constitution, the Madras high court has held.
Justice Vinod K Sharma, directing the state government to release the full pension and other retrial benefits to a retired civil supplies employee, said: "It is now a well settled law that the right to pension is right to property which is enforceable as a fundamental right under the Constitution. The state government cannot interfere with this right in the absence of any legal authority."
The matter relates to a petition filed by V Chandrasekar, who joined the revenue department as a junior assistant in 1954. He was later promoted as an assistant and then as deputy tahsildar. He was then sent to the Tamil Nadu Civil Supplies Corporation ( TNCSC) on deputation. In 1982, when he was on deputation, he was held responsible for the loss of 20,000 bags of paddy supplied to a huller. The huller, however, moved the court and got the case against him quashed.
As the government issued sanction to prosecute Chandrasekar, he moved the high court and got a stay on the proceedings. During the pendency of the matter, he attained the retirement age.
He was allowed to retire, but the government released only a part of the pension amount. Though he was later acquitted of all criminal charges, the government did not release his retirement benefits.
Justice Sharma, noting that as on date no civil or criminal case was pending against Chandrasekar, said the government cannot withhold retrial benefits under such circumstances. "The action of the authorities in not releasing the full pension and other retrial benefits is totally arbitrary and a violation of Article 14 of the Constitution," he said.
"Once the petitioner (Chandrasekar) has been acquitted, though by giving benefit of doubt, the retirement benefits due to him cannot be withheld, as there are no civil or criminal proceedings pending against him. The action of the authorities in not releasing the retirement benefits to him can safely be said to be arbitrary which amounts to colourable exercise of power that cannot be sustained in law," Justice Sharma observed.
He then directed the authorities to release all the retirement benefits such as pension and provident fund in full to Chandrasekar along with 9 per cent interest per annum. The judge also imposed a cost of Rs 10,000 on the civil supplies department.