Mar 23, 2018

Pension is a right, not subsidy. How can you link Aadhaar to it, asks Supreme Court

NEW DELHI: The Supreme Court questioned the Centre on Wednesday about its decision to link Aadhaar with pensions, reasoning that it is not a subsidy but an entitlement of a person for years of service he or she has rendered to the government in discharge of official duties.

Referring to the argument of petitioners that many pensioners have been denied their only subsistence in old age due to technical and physical reasons, a bench of Chief Justice Dipak Misra and Justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan asked attorney general K K Venugopal whether the Centre was going to deny pension, a rightful entitlement, just for want of Aadhaar. Venugopal said Aadhaar has been instrumental in eliminating many bogus pensioners drawing post-retirement benefits for years.
Justice Sikri said: “Pension is an entitlement and not a benefit under the social welfare schemes. How is it included under Section 7 of the Aadhaar Act, 2016? Pension is a return for services rendered. There are many pensioners who live with their children who are settled abroad. Can such category of pensioners be told that they would not be granted pension unless they have an Aadhaar card?” Justice Chandrachud said, “There is another category of persons who suffer from Alzheimer’s disease and may have serious dementia. There are those old persons whose biometrics do not match with the Aadhaar data. Where do they go? Pension is a rightful entitlement and not a bounty given by the state”.

He said there are many instances where biometrics of manual labourers do not match, where in remote areas authentication fails because of lack of electricity or network connectivity, should the beneficiary be denied financial benefits? “We will appreciate if the government can come and tell us upfront that there is a serious issue of financial exclusion. The cabinet secretariat had flagged this issue. The government must explain what steps are taken to eliminate financial exclusion of legitimate beneficiaries,” Chandrachud said.

AG Venugopal said Aadhaar has been instrumental in eliminating many bogus pensioners drawing the post-retirement benefits for years. He said there is provision in the Aadhaar law not to deny social welfare benefits to even blind leperosy patients, who cannot provide either an iris scan or finger prints for Aadhaar. The method of their enrolment is different, he added.

The AG also said pension has a subsidy component and that Aadhaar would authenticate the actual pensioner numbers. “We will know who are actual beneficiaries. If in future it is required to amend the Aadhaar law, we will do that. But, for this reason the whole project need not be condemned.”

Referring to series of questions posed by the bench, the AG said no such person or class of persons have come before the court alleging that they have been denied pension because of want of Aadhaar or their physical biometrics not matching with Aadhaar data. “Unless they come and make an issue, we will really be groping in dark to find a solution to a hypothetical problem,” he said.

No comments:

Post a Comment

Labels

7th CPC (627) A Boon or Bane (1) Aadhaar Card (32) Accounts Department (3) ACR (2) Additional Allowances (1) Additional Secretaries (1) Advance (13) Advantage Employees (1) Advertisements (1) Age Relaxation (1) AIBEA (1) AIBOA (1) AICPIN (12) AIPAEA (1) Air Force (2) Air Ticket (2) AIRF (7) AITUC (1) Allowances (167) Annual Income (1) Anomalies (17) APARs (4) ARC (1) Armed Forces (10) Armed Forces Hospitals (1) Army Pay Commission (9) Arrears (25) Asset Declaration (11) ATM (2) Attendance (1) Axis Bank (1) Bank Employees Salary (16) Bank Employees Strike (13) Bank Pensioners (1) Banking (5) Banks (11) Bechmark (1) Bengaluru (1) Bharat Ratna (1) Bihar News (1) Birth / Death Certificate (1) Black Money (2) Bonus (58) BPMS (11) BSNL (16) Budget (33) Bunching (10) Cabinet Approval (6) Cadre Review (16) Canteens (2) CAPF (1) Cash Transactions (3) Cashless State (2) Cashless Transaction (1) Caste (1) CASTE CERTIFICATE (1) Casual Labour (13) CAT (5) CBDT (2) CBI (2) CBSE (3) CCAS Cadre (1) CCS Rules (21) Central Armed Forces (1) Central Civil Pension (1) Central Excise Officers (2) Central Government Employees (118) Central Government Examination (3) Central Secretariat (2) Certificate (2) CGA Organization (1) CGEGIS (7) CGHS (26) CGHS Contribution (4) CGHS Hospitals (6) Charge Sheet (1) Chief Justice (1) Child Care Leave (7) Children Education Allowance (14) CITU (1) Civil Servant (2) Clarifications (27) Commemorative Coin (1) Commutation (1) Comparison (7) Compassionate Appointment (5) Compulsory Retirement (1) Computer Advance (3) Conduct Rules (1) Confederation (13) Consumer Price Index (3) Contract Labour (6) Corruption (3) Court Orders (1) CPGRAMS (1) CPI (1) CPMA (1) CPSE (3) Credit Card (2) CSD Chennai (1) CTET (1) CTU (1) Customs (1) CVC (1) DA Merger (3) DA News & Orders (100) DA Orders (11) Dearness Relief (12) Death Benefits (3) Death Claim (1) Debit Card (4) Defence (38) Delay Salary Hike (6) Demonetisation (28) Dental Clinic (1) DEPARTMENT OF EXPENDITURE (3) Department of Personnel & Training (6) Department of Posts (13) Department of Revenue (2) Department of Telecommunication (2) Deposit Scheme (1) Deputation (7) Dharna (2) Digital India (3) Digital Payment (19) Direct Benefit Transfer Scheme (2) Directorate of Estates (2) Disability Pension (6) Disabled person (6) Disadvantages (2) Discontinuation of Interview (1) DOP Orders (1) DoPT (69) Dress Allowances (1) e-PPO (1) e-Service Book (1) Earned Leave (1) ECHS (1) ECHS Smart Card (1) EFPO (1) Election 2016 (2) Election Holiday (6) Employment News (15) Empowered Committee (27) Entry Level Pay (2) EPF (14) EPFO (14) Equal Work Equal Pay (2) ESIC (2) Ex-India Leave (1) Ex-Servicemen (15) Expectations (1) Expenses (1) Facebook (2) Fake News (3) Family Pension (13) Family Planning Allowance (1) FAQ (4) Federations (2) Finance Ministry (33) Financial Impact (7) Fire Engine driver (1) Fitment Factor (15) Fixed Medical Allowances (1) Foreign Tour (1) Forest Protection (1) Fraud Cases (1) Fund for Pay Commission (2) Fund Transfer (1) GAAR (1) Gas Subsidy (1) Gazette Notification (18) GDP (1) GDS (26) GeM Portal (1) General (97) Global Economy (1) Gold Deposit (2) Gold Rate (1) Governance (1) Government Doctors (12) Government Jobs (20) Government of India (1) Government Offices (2) Government Policies (1) Government Service (2) GPF (16) GPRA (1) Grade Pay (28) Gratuity (10) Greetings (1) Gross Pay (1) Group A Officers (2) Group B and C (3) Group D (1) GST (17) Guidelines (5) Gujarat Government (1) Hackers (1) HBA (1) HDFC (1) Health Camp (1) High Court (4) High Level Committee (4) High lights on 7th Pay commission (1) Higher Education (1) Higher Grade Pay (2) Holiday Homes (2) Holidays (11) Home Minister (1) Hospitality (1) House Building Advance (2) HRA (42) HRD Ministry (1) IAS (9) Immovable Property Return (1) Implementation (142) Incentive (6) income (1) Income Tax (88) Increment (31) India Post (3) Indian Banks Association (1) Indian Economy (4) Indian Institute of Legal Metrology (1) Indian Navy (3) Indian Rupees (12) Injustice (1) Insurance (3) Intellectual Property (1) Interest Rate (4) Interim Relief (5) Invest Money (6) IoFS (1) IPR (2) IPS (7) IRCTC (4) IRTSA (1) IT Department Officials (1) J&K (5) Jan Dhan Accounts (2) JCM (17) Jeevan Pramaan (2) Job Portal (2) Joint declaration form (1) Joint Secretary (1) Karnataka (1) Kendriya Vidyalaya (17) Kendriya Vihar (1) Kerala Pay Commission (6) Krishi Kalyan cess (1) KVS (5) KYC (1) Lay off (1) LDC Clerk (1) Leave (7) LED (1) Level of Rank (2) Level Rank (1) LIC (5) Life Certificate for Pensioners (2) Loan (4) Loco Inspectors (1) Lok Sabha (24) Lokpal and Lokayuktas (4) LPG (3) LPG Subsidy (3) LTC (33) MACP (46) Maharashtra Government (1) Make in India (1) Maternity Leave (19) Matrix Calculator (3) Matrix Table (9) Maximum wage (3) Medical Allowances (3) Medical Examination (1) Medical Reimbursement (3) Memorandum (1) Military Forces (5) Minimum Wage (46) Ministry of Health & Family Welfare (1) Ministry of Home Affairs (1) Ministry of Labour & Employment (1) Ministry of Personnel (1) Ministry of Urban Development (2) Ministry of Women and Child Development (1) MLCs (1) MP Salaries (10) MTNL (1) MTS (3) Mutual Transfer (1) National Anthem (1) National Pension Scheme (9) National Sports Awards (1) NEET (2) Net Pay (1) New Pension Scheme (11) NFIR Union (34) NFS (1) Night Duty Allowance (1) NJCA (42) NMC (4) NOC (2) Non Payment of Salary (1) Non Practicing Allowance (2) Not Effective (1) Notification (8) NPS (45) OBC (5) Officiating Allowances (3) Old Pension Scheme (1) Olympics (1) OROP (48) OTA (3) Overtime Allowance (4) PAN (8) Paramilitary (1) Parliament March (1) Passport (3) Pay and Allowances (1) Pay Band (6) Pay Commission (417) Pay Commission Deffered (1) Pay Commission News (386) Pay Commission Orders (1) Pay Commission Report (23) Pay Commission Report Submission (8) Pay Commission Revealed (1) Pay Fixation (22) Pay Matrix (24) Pay Revision (12) Pay Scale (4) Payment Bank (6) Payment of Salary (9) Pension (186) Pensioner Portal (3) Pensioners Federations (1) Performance Based (3) Periodical Review (1) Permanent Commission (1) Petrol (1) PF deduction (1) PF Withdrawal (1) PFMS (1) PFRDA (11) PG Portal (1) PIB (23) PLB Bonus (5) PMGKD Scheme (1) PMO (1) POBR (1) Political Parties (1) POSB Rate of Interest (2) Post Graduate (1) Post Offices (2) Postal JCA (3) Postmen Staffs (1) PPF (4) Pre-Retirement (4) President (1) President Salary (1) Private School (2) Promote Hindi (1) Promotion (12) Protest Programme (2) Provident Fund (2) Provisional Certificate (1) Public Grievances (1) PWD (1) Rail Fare (4) Railway (215) Railway Tatkal (2) Rajya Sabha (8) RBI (47) Re-Employment (2) Ready Reckoner (37) Recommendations (52) Recovery (1) Recruitment (29) Reservation Chart (1) Resignation (1) Retirement (23) Retirement Age (18) Review Committee (3) Revised Pay Rules 2016 (12) Revision of Pension (8) RIO Olympic 2016 (7) Road Toll Tax (1) Rotational Transfer (2) RTI (13) Rupees (1) SAARC (1) Salaries of MLAs (2) Salary (1) Salary Advance (4) Salary Hike in Pay Commission (38) Savings (4) SBI (13) SC/ST Employees (5) Scholarship (1) SCOVA (9) Secretariat (3) Secretaries (1) Senior Citizen (2) Seniority (1) Service Charges (2) Service Tax (4) Seventh Pay Commission Calculator (26) Sexual Harassment (12) Small Savings (4) Smart Cities (1) Social Media (2) SPARROW (1) Spcial Casual Leave (1) Special Benefits (2) Special Casual Leave (1) Sports (10) SSC (9) Standard Operating Procedure (1) State Pay Commission (52) strike (117) Study Leave (1) Supreme Court (8) Survey (1) Suspension (1) Swachh Bharat Campaign (4) TA (1) TA allowances (2) Take Home (1) Tamil Nadu (4) Tax Payers (3) TDS (6) Teacher (2) Telangana Government (2) Tour Allowance (1) Tourism (1) Trade Union (9) Transport Allowance (2) Travelling Allowances (7) UIDAI (1) under Performers (1) Union News (42) UPSC (4) Uttar Pradesh (1) Vacant Posts (1) Vacation (1) Vigilance (4) VRS (2) Wage Hike (6) Welfare (4) West Bengal (5) Whatsapp (1) Wholesale Price Index (1) Working Hours (1) Workshop (1) World Cup (1) WOS Currency Notes (10)