The Court also held that the pension should be paid within a reasonable period which should ordinarily not exceed three months.

Denial of the right to receive pension was denial of a fundamental right, Justice D K Seth ruled on Wednesday. Justice Seth gave the ruling on a petition by Sushila Bhatnagar, an assistant teacher in the Uttar Pradesh Education department, stating though she had retired in June 1979, till date she was neither paid her pension nor any counter affidavit was filed by the department in spite of an earlier court order.

The Judge while giving the ruling imposed a fine of Rs 50,000 on the education authorities of the State for causing inordinate delay in payment of pension to the petitioner and for her suffering.

Justice Seth said it would be open to the administration to fixresponsibility and take appropriate steps for recovering the compensation from those officials responsible for the delay and indifference.

``The retirement benefit ought to have been paid immediately on the date of retirement and all calculations should have been completed at least three months before a person retires and all such calculations should begin at least one year before the date of retirement,'' he said.

If for some reason or the other, which may be unavoidable, the retirement benefits could not be sanctioned or paid on the date of retirement, in that event, the same should be paid within a reasonable period which should ordinarily not exceed three months, the Judge observed.