Case Law Details
Veena Pandey Vs Union of India (Supreme Court of India)
Pension as is well known, is the deferred portion of the compensation1 for rendering long years of service. It is a hard-earned benefit accruing to an employee and has been held to be in the nature of property by this Court, in State of Jharkhand and Others Vs. Jitendra Kumar Srivastava and Another2.
While considering the appellant’s case, the High Court did not however consider her entitlement on merit, but had dismissed both the Writ Petition and the LPA, citing want of territorial jurisdiction. The employment of the appellant’s husband with the respondent employer is however not in dispute. Nevertheless, for over a decade, the widow of the employee is forced to litigate to secure the pension benefits.
In the above peculiar circumstances of this case, without commenting on the legality of the decision to discontinue the said provision in the pension scheme by the employer, as the pensioner was not alive on the date of discontinuance, we consider it appropriate to pass necessary orders in her favor in this proceeding itself. Resultantly, the sum due and payable under the Pension scheme be computed and the same is ordered to be disbursed to the appellant. The amount earlier refunded to the appellant be adjusted suitably during the remittance process. The respondent/ employer should do the needful in terms of this order, within 8 weeks from today.
FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER
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