Thiruvananthapuram: The public will now have access to the review report of the Contributory Pension Scheme, which was implemented for government employees in 2013 by the Oommen Chandy government. The ruling LDF government has put the report in cold storage for the last two years.
A Supreme Court bench headed by Justice A S Oka has directed that the report must be submitted to petitioner Jayachandran Kallingal before November 10, or else the Chief Secretary should appear in person before the court on November 10. The Supreme Court criticised the setting up of a ministerial committee to study the review report while the case was under consideration.
The government should not take the court proceedings lightly, and the report cannot be kept as a secret indefinitely on the ground that it falls within the purview of Cabinet records, the apex court stated.
Senior advocate Ranjith Thampan, appearing for Jayachandran Kallingal, General Secretary of the Joint Council, a pro-CPI organisation, argued that the report prepared using the money from the public exchequer was a public document. However, senior advocate Pallav Sisodia and standing counsel C K Sasi, appearing for the state government, said the Cabinet meeting held the other day decided to study the report. The court asked whether the government, which is yet to take a decision on the review report received in April 2021, was trying to circumvent the proceedings of the Supreme Court.
It was not appropriate on the part of the state government to form a ministerial-level committee after seeking time from the court to decide on handing over the report when the petition was considered last time, the court observed. When the matter was considered in September, the court directed that a report be submitted or a counter-affidavit be filed. The government had also sought extra time when the matter was considered a few days ago.
“The government is bound to abide by the Supreme Court order. After receiving the order, we will decide what to do.” - V Venu (Chief Secretary)
“This verdict will give new impetus to the anti-participatory pension agitations in the country. The government should at least publish the report of the review committee now. The old pension scheme should be restored."- Jayachandran Kallingal (Petitioner, General Secretary, Joint Council)
Government ‘buys the blow’
In 2016, the Left Democratic Front (LDF) made an election promise that it would review the participatory pension scheme implemented by the Oommen Chandy government in 2013. It didn't do anything even four and a-half years after coming to power. In 2021, just before the next elections, a committee was appointed to study, and its report was obtained. Even after two years of coming back to power, the report was not released. When it became clear that the Supreme Court would intervene, a ministerial committee was appointed to study the report.
With yesterday's intervention by the Supreme Court, the strategy of two LDF governments to go back on their promise of reviewing the participatory pension scheme has failed. The government's move backfired in two ways, one is that the report will have to be released. The second fallout is that further action will have to be taken soon since a ministerial committee has been appointed. The expert committee report said that there was no legal hurdle in withdrawing the Contributory Pension Scheme, and the government can take a policy decision.
The main recommendations of the review committee include granting DCRG (Death-cum-Retirement Gratuity), raising the government's share to 14%, and providing an ex-gratia pension if the service of the employee is less than 10 years. Nearly one-and-a-half lakh employees are members of the Contributory Pension Scheme.
