The Madhya Pradesh Human Rights Commission (MPHRC) has warned the Accountant General (AG) of strict action under the Protection of Human Rights Act for not submitting its report in compliance with its order on payment of General Provident Fund (GPF).
The AG had put up a question mark in a case over definition of human rights by writing that disbursement of GPF does not come under human rights. Acting chairman of the MPHRC Justice AK Saxena, taking a serious note of the response, instructed the AG that such objections should not be raised in future and strict action could be taken if the report is not submitted.
The Commission wrote that part of the employee’s contribution is deposited with the Government and the GPF is made with it and this fund is earned by the employee that is provided to him in lieu of his services.
The Commission said that in the Human Rights’ Universal Declaration of 1948 it is mentioned a person should be properly paid for the services so that the employee and his dependants could lead a respectful life and as per this proper food, clothing, residence etc have been considered as human rights.
The Supreme Court has validated ‘live life with dignity’ under Article 21. The Government employee tries to lead a respected life with his/her salary and after retirement it is the GPF and pension by which he/she could do so.
The untimely payment of the GPF violates his constitutionally provided right of living with dignity. This has been defined under the Protection of Human Rights Act. Hence late payment of GPF comes under the human rights violation category.
Notably, the MPHRC order came in the case of a retired assistant project coordinator from Chhindwara, YH Vathulkar, who sought its interference as he was not getting his GPF despite retiring three years back making his life miserable. Acting on his complaint, the Commission issued notice to the AG asking for its report.