Decision To Treat Employees Quitting Service Due To Disability Differently From Those Retiring On Superannuation Is A Policy Matter: Kerala High Court

The Kerala High Court ruled that treating employees who quit due to disability differently from those retiring on superannuation is a policy matter. The court dismissed a petition by P.K. Jayan, a goods auto driver, seeking an enhanced disability pension under the Kerala Motor Transport Workers Welfare Fund Board Scheme. Jayan, diagnosed with Non-Hodgkin Lymphoma, retired early and received a disability pension of ?1,600. He argued for a higher pension of ?3,500, applicable to those with over 10 years of service retiring on superannuation. The court held that Jayan was only entitled to the disability pension as per the scheme’s provisions, emphasizing that policy decisions regarding pension benefits fall within the purview of the scheme’s regulations and cannot be altered by judicial intervention.