High Court Defends Pension Rights, Overrules GPF Deduction Lapse

 High Court Defends Pension Rights, Overrules GPF Deduction Lapse

 Allahabad High Court ruled that an employee cannot be denied pension due to the employer’s fault in not allotting a General Provident Fund (GPF) number. Justice Subhash Vidyarthi emphasized that GPF deductions are not a prerequisite for pension eligibility and that the petitioner was not responsible for the non-deduction of his contributions.

The petitioner, an Assistant teacher appointed in 2004, faced salary payment issues initially resolved by the High Court. However, no GPF deductions were made until 2022, when the petitioner was close to retirement. The petitioner retired on March 31, 2023, but did not receive his pension, leading him to approach the High Court again.

The Court noted that a government order from 1978 provided pension rights to permanent, full-time teachers in state-aided institutions similar to government school teachers, even if no GPF deductions were made. It highlighted that GPF deduction is not a condition for pension eligibility under Rule 6 of the U.P. General Provident Fund, Insurance, and Pension Scheme Rules.

The Court further stated that since the petitioner was not responsible for the absence of GPF deductions, he should not suffer for the employer’s oversight. Consequently, the Court allowed the petition and directed payment of pension arrears to the petitioner.