Service Law: Pension – Arrears of pension – Denial of – Order passed by the High Court that the retirement age of the writ petitioners was 60 years and they were wrongly superannuated/retired at the age of 58 years, however, since they approached the High Court belatedly, they would not be entitled to any salary/back wages for the period of two extra years they would have got in service; that though they would be entitled to the pension, but would not be entitled to any arrears of pension; and that the pension at the revised rates would become payable only from 1st January, 2020 – On appeal, held: Pension is a continuous cause of action – There is no justification at all for denying the arrears of pension as if they would have been retired/superannuated at the age of 60 years – There is no justification at all by the High Court to deny the pension at the revised rates and payable only from 1st January, 2020 – Order passed by the High Court is quashed and set aside – Writ petitioner entitled to pension at the revised rates from the date he attains the age of 60 years and accordingly, arrears would be paid to them.
Partly allowing the appeal, the Court
HELD: 1.1 The High Court erred in observing that the appellant would not be entitled to any arrears of pension and the pension at the revised rates will become payable only from 1st January, 2020. As such, the High Court may be right and/or justified in denying any salary for the period of two extra years to the writ petitioners if they would have continued in service, on the ground of delay. However, as far as the pension is concerned, it is a continuous cause of action. There is no justification at all for denying the arrears of pension as if they would have been retired/superannuated at the age of 60 years. There is no justification at all by the High Court to deny the pension at the revised rates and payable only from 1st January, 2020, thus, the impugned judgment and order passed by the High Court to that extent is quashed and set aside. The appellant-original writ petitioner would be entitled to pension at the revised rates from the date he attains the age of 60 years. The arrears would be paid to the appellant within the stipulated period. [Para 3, 4][364-E-H; 365-A-B]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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