Paridhi Arya
Published on June 1, 2022 at 15:31 IST
The Division Bench of Justice M.R. Shah and Justice B.V. Nagarathna set aside the order of High Court to the extent by allowing pension to be paid to Petitioners from the day they become 60 years old and Arrears of Pension was asked to be paid within four weeks by Goa Government.
The Court observed that pension are a continuous cause of action and so it cannot be denied because petitioner made delay in reaching the Court.
The Petitioners first approached High Court at Goa alleging employer (Goa Government) made them retire at age of 58 not at 60 because they were in service before the appointment day given in Goa, Daman and Diu Reorganisation Act, 1987.
Petitioners contended that under Section 60(6) of Reorganisation Act conditions of service applied before cannot become disadvantage of the employees appointed before it except the Central Government permits it.
The High Court held that the pension of the Petitioner will be computed as they were in service for two years but salary or wages will not be paid back to them and even revision of the rate of Pension will take place from January 1, 2020.
The Apex Court opinionated that the decision of High Court was correct of not paying the salary back to the Petitioners but decision of High Court of revising pension from January 1, 2020 is not justified.
“As far as the pension is concerned it is a continuous cause of action there is no justification at all for denying the areas of pension as if they would have been retired or super animated 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 first January 2020 under the circumstances the impugned judgment and order passed by the high court is required to be modified to the aforesaid extent,” Court stated.
“The impugned judgment and the order passed by the high court to the extent of denying any areas of pension and holding that the appellant shell be entitled to the pension at the revised rates only from first January 2020 is hereby quest and set aside it is held and order that petitioner shall we entitled to pension at the revise rates from the date he attains the age of 60 years now the areas accordingly shall we paid to the appellant with in the period of four weeks from today,” stating this the Court partly allowed the appeal.
