The Central Administrative Tribunal (CAT) in Srinagar has affirmed the constitutional status of pension rights, emphasizing that it is not merely a discretionary reward from employers but a fundamental entitlement.
Legal Basis and Judicial Observation
According to CAT, pension qualifies as a Constitutional Right of Property under Article 300(a) of the Indian Constitution. Additionally, it is recognized as a component of the Right to Livelihood under Article 21.
Case Details and Tribunal’s Decision
In response to Davinder Singh’s plea, a retired employee of the Irrigation and Flood Control Department, CAT directed authorities to treat Singh’s petition as a formal representation. The tribunal instructed a prompt review of Singh’s pension case, mandating a reasoned decision within four weeks.
Purpose and Social Welfare Perspective
CAT underscored that pension serves as a crucial social welfare measure, ensuring post-retirement dignity and financial stability for employees. It is not merely a gratuity but essential support during the retired phase of one’s career.
Conclusion and Directive
The tribunal concluded by urging authorities to expedite Singh’s case, recognizing his entitlement to dignified post-retirement support. They emphasized the importance of a compassionate approach towards retired employees in handling such matters.
