HC upholds right to pension for VRS beneficiaries

The court rejected the PSU’s plea that after having received ex-gratia in terms of the VRS,an employee can’t claim pension as well. It said at the time of retirement,the petitioner (Sharma) had completed 29 years of service and he had only two years left to retire. As per the VRS,he was entitled to have an ex-gratia payment of future salary,but also had a rightful claim over the pension too.

“Ex-gratia payment under the VRS offered is a payment for forfeiture of the future service of the employee. It is not in lieu or in substitution of any other benefits by way of pension otherwise available under the scheme. The corporate sector pension in the state of Himachal Pradesh is contributory in nature – both employee and employer have to contribute towards it. It is from this fund that the pension is paid. It is difficult to digest that an employee having only around two years service left to retire would forfeit a life time’s pension,” the order said.

Meanwhile,in another order on a PIL,the court directed putting up a 15-feet fencing at Boileu Ganj Ground being used by the school children for playing in order to avoid any tragedy as existing fencing of four feet is insufficient. The bench comprising Chief Justice Kurian Joseph and Justice Dharam Chand Chaudhry also allowed the school principal to put a gate at the ground under his lock and key.