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2008 Supreme(SC) 2064
SUPREME COURT OF INDIA
A.K. MATHUR, P. SATHASIVAM, JJ.
Society of Retired Forest Officers - Petitioner
Versus
State of U.P. - Respondent
W.P. (C) No. 35 of 2006
Decided on : 30-07-2008
Pensioners are entitled to receive payouts in the first week of every month. Pay revisions and dearness allowance fixations must be completed within two months, with arrears released within two weeks, ensuring that current pension payments are not suspended during the revision process.
Headnote:(A) Pension and Service Benefits - Entitlement to timely payment of pension - Every pensioner, regardless of whether they were an employee of the central government, state government, corporation, or public sector, is entitled to receive pension at the beginning of every month - The administration must ensure that pension is disbursed through the bank in the first week of every month - In the event of a revision of dearness allowance and pay scales, the effect of such revision should be ensured promptly, and the fixation should be released, as far as possible, within two months of the revision - The payment of pension at the existing rate shall not be suspended while the revision is being finalized.
(B) Arrears - Upon completion of fixation, the arrears should be released to the incumbent promptly within a period of two weeks.
Facts of the case:
A petition was filed seeking directions to ensure the timely payment of pensions and the prompt implementation of revisions in pay scales and dearness allowance for retired employees of the government and public sector.
Findings of Court:
The court directed that every pensioner is entitled to receive their pension in the first week of every month. It further mandated that any revision in pay scales or dearness allowance be finalized and released within two months, without suspending the old rate of pension during the process, and that arrears be paid within two weeks of fixation.
Issues: The main issues were the timing of monthly pension disbursements and the permissible timeframe for the fixation and payment of arrears following revisions in pay scales and dearness allowance.
Ratio Decidendi: Pensioners have a right to timely disbursement of their funds; therefore, a strict timeline for monthly payments, the finalization of pay revisions, and the release of arrears is necessary to ensure financial stability for the retirees.
Result: Writ petition disposed of.
Legal Category Hierarchy
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administrative law
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pension
- payment schedule
- revision of allowances
- arrears
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pension
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practice and procedure
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writ jurisdiction
- disposal of petition
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writ jurisdiction
ORDER :
We have heard learned counsel for the parties.
Having regard to the facts and circumstances of the case, we direct that every pensioner whether he/she is employee of Government of India, State Government, Corporation or public sector is entitled to pension on the beginning of every month. The respondents are directed to ensure that every incumbent should get the pension from the Bank in first week of every month. As and when there is a revision of dearness allowance and revision of pay scales then the effect of that revision should be ensured promptly and the fixation should be released as far as possible within two months of the so called revision but that revision shall not suspend the payment of pension at the old rate till it is finalised. As and when the fixation is done, the arrears should be released to the incumbent promptly within a period of two weeks.
With the above observations, the writ petition is disposed of.
