Pension is a basic entitlement and its payment cannot be denied: HC
Mumbai (PTI): Pension is a basic entitlement and retired employees cannot be deprived of this payment, which is a very source of livelihood for them, the Bombay High Court has said, rapping the Maharashtra government for withholding the dues of a man for more than two years after his retirement.
A division bench of Justices G S Kulkarni and Jitendra Jain on November 21 said such a "state of affairs was totally unconscionable".
The HC was hearing a petition filed by one Jayram More, who used to work as a 'hamal' (coolie) with the Savitribai Phule Pune University since 1983, seeking a direction to the Maharashtra government to release his pension amount.
The high court noted that More had rendered a meritorious and unblemished service but still on untenable and technical grounds for a period of two years from his retirement (May 2021), he was not paid pension.
More in his plea claimed that the pension was not being paid despite submission of all necessary documents by the University to the concerned department of the state government.
"From the beginning of the present proceedings, we were wondering as to whether any person who superannuates after a long unblemished service should at all suffer such a plight, after having rendered a long service of about 30 years and be deprived of basic entitlement of pension, being the very source of livelihood," the bench said.
The bench referred to a four-decade-old Supreme Court order and said the antiquated notion of pension being a bounty, a gratuitous payment depending upon the sweet will or grace of the employer and not claimable as a right, was held as wrong.
"In such a decision, the Supreme Court had authoritatively ruled that pension is a right and payment of it does not depend on the discretion of the government and would be governed by the rules," the high court said.
The bench noted that from a large number of cases coming to this court with people seeking for their pension amount to be paid to them, it appears that the SC order was "more forgotten than applied and implemented in its true spirit".
The high court had in its earlier orders noted that More had suffered for three years and had directed the government to take all necessary steps to release the pension benefits to More within four weeks.
On Tuesday, the bench was informed by the government that More's pension along with arrears had been released and received by him.
The bench accepted the statement and disposed of the petition but said henceforth More should be paid his monthly pension regularly and with no default.
The HC noted that this case was an "eye-opener" that if government officers promptly consider the grievances of its staff, then there would be no need for such aggrieved persons to approach the courts.
"We may observe that many of such issues, in fact, do not require adjudication and can stand resolved at the level of the department, providing there is a willingness to do so, by the officers of the state government," the bench said.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
Ramadan, Lent coincide this year, happens once in three decades: How it happens, when it will occur
This year, Ramadan and Lent are reportedly being observed during the same period, a calendar overlap that happens only once in roughly 30 to 33 years.
According to a post by ‘That Dubai Page’ on Instagram both are important periods of fasting in Islam and Christianity respectively, but they follow different calendars, which is why their dates usually do not align.
What is Lent?
Lent is a 40-day period in the Christian liturgical calendar observed before Easter.
It is marked by fasting, prayer, repentance and self-examination.
The duration of 40 days reflects the time Jesus is believed to have fasted in the wilderness. Lent begins on Ash Wednesday and ends before Easter Sunday, and the feast mass is celebrated on Saturday.
The exact dates change every year because they are linked to Easter, which is calculated based on the Christian liturgical calendar.
What is Ramadan?
Ramadan is the ninth month of the Islamic lunar calendar and is observed by Muslims worldwide as a month of fasting, prayer and spiritual discipline. From dawn to sunset each day, adult and able-bodied Muslims abstain from food and drink. The fast is broken at sunset.
Unlike Lent, Ramadan does not follow the Gregorian calendar.
According to admiddleeast.com , Ramadan depends on the sighting of the new crescent moon, known as the hilāl, which signals the start of the new lunar month.
Religious committees in many Muslim-majority countries meet after sunset on the 29th day of the preceding month, Sha‘ban, to look for the moon.
If it is sighted, Ramadan begins the next day. If not, Sha‘ban is completed as a 30-day month and Ramadan starts after that.
While Saudi Arabias announcement is widely followed, each country makes its own official declaration.
Why dont they always overlap?
The Islamic lunar calendar has around 354 days, which is about 10 to 11 days shorter than the Gregorian calendar.
Because of this difference, Ramadan shifts earlier by about 10 or 11 days each year. Over time, it moves through all seasons.
Lent, on the other hand, is tied to Easter and the Christian liturgical calendar. Since the two religious observances are based on different systems for calculating dates, they rarely fall at the same time.
How often does the overlap happen?
The overlap happens in cycles of approximately 30 to 33 years. When it happens, Ramadan and Lent may coincide for a few consecutive years. After that, they do not align again for decades.
Following the current cycle, major overlaps are not expected again until the 2050s.
