Pension isn't charity but a legal right, shouldn't be delayed even by a day: HC

KOLKATA: Pension is not "an act of charity" but a legal right of employees, Calcutta high court said while reprimanding Hooghly Chinsurah municipality for blaming technological lapses for a delay in releasing the pension of 148 people who retired as Group D workers. The court said the employees earned the right by putting in years of service.

Justice Gaurang Kanth said, "Pension and other retiral benefits , once earned by an employee after rendering long and continuous service ought not be delayed even by a single day. Delay in such cases causes undue hardship to the retired employees who depend on these dues for their sustenance."

He made the observation while hearing a petitioner's case who, along with 147 others, was employed in 1991-92.



HC: Any delay in pension against principles of equity & justiceThe posts — coolie, dome, methor, trailorman and jharuyali — were later clubbed under one umbrella post of ‘conservancy worker’. All of them were treated as permanent employees and were to receive monthly pension. However, following the petitioner’s retirement in 2023, her pension and other benefits were not released.

In 2021, Bengal municipalities adapted an e-pension portal . Data for this comes from an integrated online salary management system — Urban Local Bodies Human Resource Management System — introduced in August 2017. Despite change in names of traditional posts, retired employees didn’t feature on the portal. Directorate of local bodies submitted in court that the municipality failed to provide details of all Group D employees . Hence, pension and retiral benefits had not been released.

Court directed the municipality to submit all documents to the directorate within a week and the latter redesignate the employees within two weeks. Justice Kanth said any undue delay in disbursement of pension, “especially if occasioned by technological shortcomings or administrative lapses , is impermissible and contrary to the principles of equity, justice, and good governance”.