Pension Is Deferred Salary, Right To Pension A Constitutional Right
Case: Abhilash Kumar R. & Ors. v. Kerala Books and Publication Society & Ors.
Coram: Justice V.G Arun
Case No.: WP(C) NO. 11306 OF 2015
Court Observation: “Pension is no longer a bounty to be paid at the whims and fancies of the employer. On the other hand, pension is deferred salary, akin to property under Article 300A. The right to pension, if not a fundamental right, is definitely a constitutional right. A retired employee cannot be deprived of this right, save by authority of law.”
“It may be true that a significant portion of the corpus of the pension fund consists of the amount to be refunded by the EPF Organisation. The fact that no amount has so far been repaid is also not disputed. Even then, the question is whether the retired employees can be denied pension on that ground.”
“Having formulated the pension regulations and having stopped payment of contribution to the EPF pension fund, the society cannot wriggle out of its responsibility by pleading paucity of funds.”