SC: Pensionary provisions must be given a liberal construction

The Hon’ble Supreme Court, on 26th August 2020, in the matter of  V. Sukumaran v. State of Kerala & Anr. pronounced that the pensionary provisions must be given a liberal construction as a social welfare measure. This does not imply that something can be given contrary to rules, but such benefit should not be unreasonably denied to an employee, more so on technicalities.

The Hon’ble Supreme Court observed that:

Pension is succour for post-retirement period. It is not a bounty payable at will, but a social welfare measure as a post-retirement entitlement to maintain the dignity of the employee.  (Para 1)

The pensionary provisions must be given a liberal construction as a social welfare measure. This does not imply that something can be given contrary to rules, but the very basis for grant of such pension must be kept in mind, i.e., to facilitate a retired Government employee to live with dignity in his winter of life and, thus, such benefit should not be unreasonably denied to an employee, more so on technicalities. (Para 19)

Copy of judgement: Judgement_26-Aug-2020

-Adv. Tushar Kaushik

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