Muristek
New Delhi, June 1
Terming pension as a continuous cause of action, the Supreme Court has said arrears can't be denied on account of delay in moving courts.
"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," a Bench of Justice MR Shah and Justice BV Nagarathna said.
The Bench set aside an order of the Goa Bench of the Bombay High Court to the extent it had denied arrears of pension to petitioner ML Patil ndash; a Goa Government employee who was wrongly superannuated at the age of 58, instead of 60.
The top court held that the appellant was entitled to 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.
"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. Under the circumstances, the impugned judgment and order passed by the High Court is required to be modified to the aforesaid extent," the Bench said.
"The impugned judgment and order passed by the High Court to the extent of denying any arrears of pension and holding that the appellant shall be entitled to the pension at the revised rates only from 1st January, 2020 is hereby quashed and set aside.
"It is held and ordered that the appellant ndash;original writ petitioner shall be entitled to pension at the revised rates from the date he attains the age of 60 years. Now the arrears accordingly shall be paid to the appellant within a period of four weeks from today," the top court ordered.