information that determines entitlement leaving the Claimant with no meaningful way to meet his burden of proof.” 29. It follows therefore that once the claimant makes out a prima facie case of entitlement to pension, by proof of employment but lacks access to the key information needed to substantiate his claim same being in the control of Respondent, such claim cannot fail due to being unsubstantiated. This is more so where there is no indication that the employees were informed at the time of employment to keep record of their contribution for retirement. It is a recognized fact that salary records and computations matrix are in the normal cause of events in the custody and preserve of the employer in this case the Respondent who unfortunately neglected to put up a defense. The burden to provide records of the pension entitlement of the Applicant having shifted to the Respondent, the Applicants are exonerated from proving their entitlement. 30. The Court notes from the list of some of the pensioners or disengaged staff on page 622 to page 777, 779 &787 of the originating application that all Applicants are not on the same grade level neither is the years of service the same. Life pension becomes payable after 10 years of service. In that wise a generic pension payment cannot be drawn up. It is therefore not possible for this court to determine or compute the actual amount due to each Applicant in the absence of further documents. 31. As already pointed out above, pension is money earned and a property right vested in the employee based on the number of years of service. Based on the privatization scheme, all the Applicants were compelled to exit the service prematurely with the attendant consequences that some of the Applicants may be denied pension entitlements having not attained the statutory year in service for life pension benefits. Any person that takes up a pensionable employment is assumed to have a legitimate expectation for the payment of pension upon retirement therefrom. The concept of legitimate expectation is premised on fairness and reasonableness to a situation where a person has an expectation or interest in a public body or private parties retaining a long-standing practice or keeping a promise. 14

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