non-payment of pension
About 2.50 lakh pre-2007 retirees of Central Public Sector Enterprises, who are all senior citizens above age of 68 years to 90+ years are deprived and denied any pension whereas all those who retired after 2007 are being paid (annuity) pension up to 50% of heir last pay drawn - All representations have failed - Supreme Court is only last resort - Does our case merit PIL?
A PIL can be filed in any High Court or directly in the Supreme Court. It is not necessary that the petitioner has suffered some injury of his own or has had personal grievance to litigate. PIL is a right given to the socially conscious member or a public spirited NGO to espouse a public cause by seeking judicial for redressed of public injury. Such injury may arise from breach of public duty or due to a violation of some provision of the Constitution. Since all the pre 2007 retirees of central Public Sector Enterprises are entitled to receive their pensions and it is the duty of the central government to ensure the smooth running of the pension distribution system and any fault or delay in this system makes the central government liable directly. So yes, your case definitely merit PIL as their pension is necessary for their sustenance and non-payment of it by the central government affect their right to lead a dignified life.
Further, According to the guidelines of the Supreme Court any member of public having sufficient interest may maintain an action or petition by way of PIL provided: - » There is a personal injury or injury to a disadvantaged section of the population for whom access to legal justice system is difficult, » The person bringing the action has sufficient interest to maintain an action of public injury, » The injury must have arisen because of breach of public duty or violation of the Constitution or of the law, It must seek enforcement of such public duty and observance of the constitutional law or legal provisions.
Public Interest Litigation is for the benefit of the public and need to be a personal issue each time. As long as the issue concerns the public interest it falls under the domain of Public Interest Litigation. Article 32 and 226 under the Indian Constitution deal with PIL. It can be filed by engaging a lawyer and serving notice to the concerned parties. An organization/individual can file a PIL, what is essential is it is not a frivolous matter and concerns important issue invloving public.
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