It is not only illegal and arbitrary but also a sin if the pension and retiral benefits of employees are withheld: Manipur High Court

Causing delay and or withholding the retiral benefits and pension of employees is against the concept of social and economic justice which is one of the founding pillars of our constitution. Such was held by The Hon’ble High Court of Manipur before The Hon’ble Mr. Justice Kh. Nobin Singh in the matter of Shri. Y. Thaiba Vs. The State of Manipur [WP(C) No. 418 of 2019]. 

The present case was related to an appeal of mandamus nature prayed by the petitioner to direct the respondents to grant him his pension and retirement benefits with @ 10% interest from the date of his retirement. It was submitted that the petitioner was appointed as an Assistant Teacher on regular basis. He discharged his duties as Assistant teacher. He sincerely and faithfully provided his services ill the issuance of the conditional termination order. It was submitted that by submitting representation he could be allowed formally to retire from his services and enjoy the retiral benefits.

Earlier, it was ordered by the Court that appropriate orders should be passed by the State respondents so that the petitioner could enjoy retiral benefits within two months. Further, it was found that the State respondents failed to comply with the order and due to which the petitioner had to file a contempt petition. Again, the petitioner had to file the instant Writ Petition under the same grounds against the State respondents since they failed to take any action for the same. The case of State of Kerala v. M Padmanabhan Nair, (1985) 1 SCC 429 was referred wherein The Hon’ble Supreme Court held that withholding of pension and other retiral benefits of the retired was both illegal as well as arbitrary. Creating delays causes harassment to the retired employee which is morally and socially obnoxious.

The Hon’ble Court considering all the facts and submissions held that “ … he State Government is indispensable for the end of justice. In fact, the petitioner has been unfairly and illegally denied the opportunity of enjoying his pension and retiral benefits. For the reasons stated hereinabove, the instant writ petition is allowed with the direction that the respondents shall compute the pension and retiral benefits of the petitioner and pay him the amount thereof within three months, from the date of receipt of a copy of this judgment and order, with interest thereon @ 8% per annum from the date of his retirement till the date of payment.”

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Judgment reviewed by Bipasha Kundu

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