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Court says Pension is the savings of an employee and can not be denied except in case of fraud


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The Kerala High Court recently directed the disbursal of pensionary benefits to a woman who retired in 2013, despite pending issues regarding her caste status before the court. The Division Bench, comprising Justice A. Muhamed Mustaque and Justice Shoba Annamma Eapen, stated that the petitioner should not be denied pensionary benefits due to the delay on the part of the state in conducting an inquiry to determine her caste status.

Court’s Ruling on Pensionary Benefits

The Court emphasized that pension is the savings of an employee and can only be denied in cases of fraud or when the employment itself was obtained through fraudulent means. In this case, the Court found no evidence of fraud committed by the petitioner and stated that her pensionary benefits should not be withheld.

“Pension is a savings of an employee, that can be deprived only in accordance with the procedure established by law or when it is shown that the employment itself has obtained by playing fraud. In the light of the factual situation as above, we cannot hold that any fraud has been committed by the petitioner, though her status as a member of moger community, is set to be retained by this Court.”

Background of the Case

The petitioner, who retired as a Junior Superintendent, was not given pensionary benefits because the state had not conducted an inquiry to determine whether she belonged to the Moger community. The Tribunal dismissed the petitioner’s original application for pensionary benefits, citing the pending issues regarding her caste status. Dissatisfied with the decision, the petitioner approached the Kerala High Court for relief.

Court’s Decision and Reasoning

The Court held that pensionary benefits should only be denied if a clear case of fraud is established. In this case, the Court noted that the state had failed to conduct the necessary inquiry to ascertain the petitioner’s caste status, leading to a delay in resolving the matter. As a result, the Court ruled that the petitioner’s pensionary benefits should not be withheld and directed the state to disburse them.

Conclusion

The Kerala High Court, in its recent ruling, directed the disbursal of pensionary benefits to a retired woman, stating that she had not committed any fraud and that the delay in conducting an inquiry by the state should not result in the denial of her pension. The Court emphasized that pension is an employee’s savings and can only be denied in cases of fraud or when the employment itself was obtained through fraudulent means.

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