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Ensure pension by first week of every month, says court

Legal Correspondent

NEWDELHI: The Supreme Court has said every pensioner, whether employed in the Government of India, the State Government or a public sector undertaking is entitled to pension at the beginning of every month.

A Bench consisting of Justices A.K. Mathur and P. Sathasivam directed authorities to ensure that every pensioner got it from a bank in the first week of every month. It was disposing of a writ petition filed by the Society of Retired Forest Officers from Uttar Pradesh seeking enforcement of rules on payment of pension.

“As and when there is a revision of dearness allowance and pay scales, then the effect of that revision should be ensured promptly and the fixation released as far as possible within two months, 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 two weeks.”

According to the petitioner-association, the service conditions of officers of all-India services were governed by Rule 3 of the All- India Services (Dearness Allowance) Rules, 1972. The Government of India gave instructions that this rule would apply to members of all-India services irrespective of their place of posting and the State Government and the Accountant-General need not wait for a communication from the Department of Personnel and Training after orders were issued by the Finance Ministry.

Persistent refusal

The Central Administrative Tribunal, acting on a petition, directed the Uttar Pradesh government to implement the rules and give effect to the orders passed by the Centre. In view of persistent refusal by the UP government to implement the statutory rules and the orders of the CAT, denying the rightful claims of hundreds of officers of all-India services and pensioners, the petition was filed seeking enforcement of their fundamental rights.

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