Section 300-A upheld as a constitutional right: Punjab High Court.
The Punjab High Court in Paramjit Kaur v/s State of Punjab and others (CWP-1612 of 2020), delivered on 3rd May 2023, held that pension was a constitutional right under article 300-A and not a bounty of the state. The judgement was presided by Honorable Mr. Justice Jasgurpreet Singh.
FACTS OF THE CASE:
Petition of certiorari was filed as the petitioner was charged with ₹1,36,640/- on allegation of fixation of wrong pay. Learned counsel for petitioner held that the petitioner retired in the year 2019 and since then there has been no pension that had been paid. It was also held that apart from infringement of article 300-A, the respondents’ conduct was arbitrary and against the statutory rules. The respondents held that the grads scale was fixed for the petitioner, but she had been withdrawing salary in the wrongly fixed pay scale and therefor a penalty of ₹1,36,640/- was imposed to recover the excess amount.
The court held that the state did not put forth any response regarding the non-payment of the pension amount. Even if the aforementioned amount had to be recovered, the court held that the entire pension and gratuity could not be withheld. A reference was laid to Deokinandan Prasad versus State of Bihar and others (1971(2) SCC 330) wherein it was held that state cannot withhold pension and pension benefits without the authority of law. It was held as a classic case of arbitrariness by the court. Hereby the court held that along with article 300-A, it was also a violation of Article 21. A sim of ₹1 lakh additionally was imposed on the respondents.
JUDGEMENT REVIEWED BY ARYA THAKUR.
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