Denial of pensionary benefits for a minor procedural lapse, caused by unavoidable medical circumstances, is unjustified.
Punjab and Haryana High Court Rules and deadlines must be applied with a sense of justice, equity, and good conscience. Court directs Union of India to grant pension benefits to retired employee Kewal Krishan, highlighting the need for compassion in procedural adherence.
News Report:
In a landmark judgment, the Punjab and Haryana High Court, presided over by Justice Sandeep Moudgil, has ruled in favor of Kewal Krishan, a retired employee who was denied pension benefits due to a minor procedural delay caused by hospitalization. The court emphasized the importance of justice, equity, and good conscience over strict procedural timelines.
Kewal Krishan, who served as Sub-Staff, Record Clerk, and Assistant Clerk over a distinguished 38-year career, retired on March 31, 2017. Following an amendment to the General Insurance (Employees) Pension Scheme, 1995, in April 2019, retired employees, including Krishan, were given another opportunity to join the pension scheme. Krishan opted for the scheme and was required to deposit a total amount of Rs. 5,36,535 by October 21, 2019. He managed to deposit Rs. 3,02,500 by the deadline but was hospitalized from October 20 to 23, hindering his ability to deposit the remaining Rs. 2,33,935 until October 24.
Despite submitting medical documentation and representations, Krishan's request was rejected, and the deposited amount was refunded, citing procedural delays. Krishan, represented by Advocate Ranbir Singh Rawat, challenged this decision, arguing that the refusal caused severe hardship and was unjust, given his long and dedicated service.
Justice Moudgil, after examining the facts and hearing both parties, found that the refusal based on a three-day delay due to medical reasons was hyper-technical and unjust. The judgment underscored that procedural rules should facilitate justice rather than obstruct it, especially in cases of bona fide lapses caused by unavoidable circumstances.
The court drew parallels with a previous judgment in Dharam Paul Singla v. Union of India, where relief was granted under similar circumstances. Recognizing Krishan's unblemished service record, the court criticized the respondent's rigid approach, which lacked compassion and failed to honor the petitioner's contributions and rights.
Justice Moudgil quashed the impugned letter dated November 8, 2019, and directed the respondents to accept the balance amount and extend pension benefits to Krishan. The judgment mandates the issuance of necessary orders within three months, reinforcing the need for public institutions to adopt a humane approach toward their employees.
This decision serves as a reminder that employees are integral to the fabric of any institution, deserving dignity and fairness in retirement. It calls for a shift from rigid procedural adherence to a more empathetic and equitable system, ensuring justice is not sacrificed at the altar of technicalities.
Kewal Krishan v. Union of India, (Punjab And Haryana) : Law Finder Doc Id # 2781324
