Holding that the right of pension is right to property which is enforceable as a fundamental right under the Constitution, the Madras high court has directed the authorities to immediately release retirement benefits to an employee, who was denied the benefits since 1991.
Allowing the petition filed by the employee V. Chandrasekar, Justice Vinod K. Sharma said the petitioner is also entitled to Rs 10,000 as cost.
The judge said there was no civil or criminal case pending against the petitioner to entitle the authorities to withhold the retirement benefits due to the petitioner.
The order of the authorities in not releasing the full pension and other retirement benefits was thus totally arbitrary and was hit by Article 14 of the Constitution.
This petition deserves to succeed, once the petitioner has been acquitted, though by giving the benefit of doubt.
“It is now a well settled law that the right of 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 legal authority. The action of the authorities can safely be said to be arbitrary and it amounted to colourable exercise of power and cannot be sustained in law”, the judge added.