Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law: Pension – Arrears of pension – Denial of |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | 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. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 622 |
Petitioner | Shri M.l. Patil (dead) Through Lrs |
Respondent | The State Of Goa And Anr. |
SCR | [2022] 3 S.C.R. 362 |
Judgement Date | 2022-05-20 |
Case Number | 4100 |
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