The Supreme Court has recently said that arrears can’t be denied on pension due to delay in moving court, 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 the petitioners would have been wrongly retired/ superannuated at the age of 58 instead of 60 years.
Court Observations
The Supreme Court sets aside an order of the Goa bench of Bombay High Court to extend it had denied arrears of pension to petitioner ML Patil – a Goa Government employee who was wrongly superannuated at the age of 58, instead of 60.
The High Court had refused arrears of pension due to delay in moving to court and found the retirement age to be 60 years. The court said that the pension at the revised rates will become payable only from 1st January 2020, from the day he turned 60 years.
Setting aside the Goa bench of Bombay High Court order, the Supreme held that the appellant was entitled to pension at the revised rates from the day he turned 60 and ordered that arrears of pension should be paid to the appellant within four weeks.
Court Proceedings
The Bench said, “There is no justification at all by the High Court to deny the pension at the revised rates and payable only from January 1, 2020. Under the circumstances, the impugned judgment and order passed by the High Court is required to be modified to the aforesaid extent,”
“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,” a Bench of Justice MR Shah and Justice BV Nagarathna said.
Court Order
The SC held that the appellant was entitled to a pension at the revised rates from the day he turned 60. It ordered that arrears of pension should be paid to the appellant within four weeks.
