Pensioners now have a reason to smile. In a landmark judgment, the
Bombay high court has held that pension is a vital aspect of social
security and that the right to receive it constitutes a right to life
under the constitution. Moreover, it held that pension must be paid
regularly in the first week of the month.
The judgment was passed in a case where the Solapur civic body had challenged a direction of an industrial court which had labelled its action of delaying pension payments inordinately each month as an unfair labour practice and directed it to credit the monthly pension by the first day of each following month.
The civic body explained that it was in financial difficulties and said it could pay by the 15th and not the first. The civic body argued that the Maharashtra Civil Services (Pension) Rules does not mandate payment by the first of each following month. Justice D Y Chandrachud said, “Deprive a pensioner of the payment and you deprive him or her of the right to life. Delayed pensionary payments place a pensioner in a position of uncertainty and dependence which impinges on the quality of life under Article 21, and the right to dignified existence of the aged,’’
The judgment was passed in a case where the Solapur civic body had challenged a direction of an industrial court which had labelled its action of delaying pension payments inordinately each month as an unfair labour practice and directed it to credit the monthly pension by the first day of each following month.
The civic body explained that it was in financial difficulties and said it could pay by the 15th and not the first. The civic body argued that the Maharashtra Civil Services (Pension) Rules does not mandate payment by the first of each following month. Justice D Y Chandrachud said, “Deprive a pensioner of the payment and you deprive him or her of the right to life. Delayed pensionary payments place a pensioner in a position of uncertainty and dependence which impinges on the quality of life under Article 21, and the right to dignified existence of the aged,’’
This is a very informative post on how pension is part of the right to life under the Bombay High Court framework. You’ve done a great job explaining such a critical legal viewpoint in a clear and accessible way many readers will benefit from understanding how pensions intersect with fundamental rights and justice.
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Thanks for sharing such useful and thought-provoking content!