HIMACHAL PRADESH AGRICULTURE UNIVERSITY PENSIONERS SOCIETY Vs. CHANDHARY SARWAN KUMAR HIMACHAL PRADESH KRISHI VISHVAVIDYALAYA AND ANOTHER

JUDGEMENT

(1.) The present petition has been filed with the following reliefs:-

(2.) The notice was issued to the respondents/University on 4.8.2011. In sequel thereto, the University has filed reply. According to the averments contained in the reply, the respondents/University has taken up the matter with the State Government on 3.3.2010 and thereafter on 6.5.2010. The Government of Himachal Pradesh accorded approval to the revised pension, which led to issuance of notification by the respondent/University dated 5.8.2011. However, as per the contents of notification, dated 5.8.2011 (Annexure R-2) the amount of Retirement Gratuity/Death Gratuity limit has been frozen at Rs. 3.50 lakh as was applicable on 1.1.2006 under pre-revised instructions. The decision regarding payment of arrears of pension etc. upto 31.7.2011 is to be taken at a later stage depending upon availability of funds. The Board of Management of the respondent/ University has also approved the release of Dearness Relief to the pensioners/family pensioners of the University at par with Government pensioners.

(3.) The Court is of the considered view that once a conscious decision has been taken and the Government has accorded necessary approval, the members of the petitioner Society are entitled to the arrears of pension. The respondent/ University has also not explained why the limit of Retirement Gratuity/Death Retirement has been frozen at Rs. 3.50 lakh. The members of the petitioner-Society have rendered their services to the respondent/University. They are entitled to get entire pensionary benefits after their retirement. The non-payment of arrears of pension and freezing of Retirement Gratuity/Death Gratuity will cause immense hardships to the retirees. Their livelihood is now dependent on the pension and they need retiral/ pensionary benefits. Pensionary/retiral benefits are not bounty. This is a valuable right of the employees. 4. Consequently, the present writ petition is disposed of with a direction to the respondents to defreeze the limit of Retirement Gratuity/Death Gratuity and also to release the arrears of pension with Dearness Allowance as per notification dated 5.8.2011, within a period of six months from today, failing which the members of the petitioner-Society will be entitled to 12% interest per annum. The pending application(s), if any, also stands disposed of. No costs. Order accordingly.