Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service law: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Pensionary benefits – Entitlement to, under the Pension Scheme – On facts, employee opted for receiving 90% pension during his life time as provided under the Pension Scheme and on his death, his widow-appellant entitled to receive in lump sum, an amount equal to 100 times his full monthly pension, in addition to family pension – On employee’s death on 12.01.11, appellant’s claim for lump sum amount rejected on the ground that the provision was abolished w.e.f 21.02.2011 and the 10% surrendered amount had been refunded to all pensioners with interest – Writ petition by the appellant seeking disbursal of the pensionary benefits and quashing of the letter whereby she was communicated that no other payment was due – Writ petition dismissed by the Single Judge on the ground of lack of territorial jurisdiction – Said order upheld by the Division Bench – On appeal, held: The Pension Scheme was framed as a measure of social security for ensuring socio-economic justice for the employees in the coal sector – Pension is the deferred portion of the compensation for rendering long years of service – In view thereof, the sum due and payable under the Pension Scheme to be disbursed to the appellant after adjusting the amount refunded earlier – Coal Mines Pension Scheme, 1998 – Para 15(1)(b), Para 15(2). Retiral benefits – Pension – Nature of – Held: Pension is the deferred portion of the compensation for rendering long years of service – It is a hard-earned benefit accruing to an employee and is in the nature of property. |
Judge | Hon'ble Mr. Justice Hrishikesh Roy |
Neutral Citation | 2021 INSC 745 |
Petitioner | Veena Pandey |
Respondent | Union Of India & Ors. |
SCR | [2021] 7 S.C.R. 403 |
Judgement Date | 2021-11-18 |
Case Number | 6953 |
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