‘Unfortunate that employee was deprived of pensionary benefits for 56 years’: HC asks Punjab to disburse pension benefits to man who retired in 1964

Prabhakar joined the Punjab State Transport Department connected May 18, 1948, arsenic a imperishable worker successful a pensionable post. He was deputed to the Punjab State Small Industries Corporation connected November 21, 1962. His deputation ended connected October 30, 1963, but helium was neither recalled to his genitor section nor absorbed permanently by the corporation.

In December 1963, Prabhakar wrote to the corp expressing his willingness to forego pensionary benefits if absorbed. However, helium was neither absorbed nor reinstated, forcing him to resign effectual June 19, 1964, with his resignation accepted connected July 7, 1964.

The petitioner argued that the courts beneath misinterpreted Rule 3.17, dismissing his suit and entreaty connected the crushed of limitation. He contended that pensionary benefits represent a recurring cause, making regulation inapplicable. The authorities counsel, however, defended the little courts’ decisions and cited Rule 3.17(A)(1)(5) to reason that Prabhakar was not entitled to pensionary benefits.

Justice Sharma observed that Prabhakar’s missive expressing willingness to forego pensionary benefits was contingent connected absorption, which ne'er materialised. She held that the missive could not beryllium utilized arsenic estoppel against his pension rights.

The tribunal noted that Prabhakar served successful a pensionable station for 14 years from 1948 to 1962 earlier his deputation and completed 16 years of work by the clip his resignation was accepted successful 1964. As the qualifying work for pension astatine the clip was 10 years, Prabhakar met the criteria.

The judgement emphasised that pensionary rights cannot beryllium denied to individuals successful pensionable service, stating that the responsive department’s actions violated established rules. Justice Sharma directed the authorities to assistance Prabhakar his long-overdue pension.