Karnataka HC observed that Pension cannot be granted retrospectively out of sympathy

Paridhi Arya

Published on June 24, 2022 at IST

The Division Bench of Justice Krishna S Dixit and Justice P Krishna Bhat decided that until the strong case is presented before the Court, new pension regulations where benefits are enhanced cannot be granted retrospectively.

The appeal was filed by the Karnataka Power Transmission Corporation Limited (KPTCL) before the Dharwad Bench of Karnataka High Court against the order of single judge Bench.

In 1974 an employee started working with KPTCL but unfortunately in 1978 he died due to electric fit. His wife now claimed the pension according to the new regulation retrospectively which implemented years after he passed.

Firstly she represented her claim before KPTCL which was rejected so she challenged the order of KTPCL before the Single Judge Bench.

The Single Judge Bench after hearing the arguments decided that wife of the late employee will be paid pension and arrears according to the new regulation.

The Single Judge directed KPTCL till December 1986 the family pension and arrears will be paid at the interest of 6% per annum and for period after that interest will be at 12% per annum that is enhanced rate.

The Division Bench pointed out that wife of the late employee is not entitle to claim the pension under new policy as when employee died this policy was not enacted and came into force after he died it means he didn’t contribute in the terms of scheme under which benefit is claimed.

The Bench observed “The writ petitioner has been sanctioned family pension under the then existing scheme and accordingly she is being paid too. In matters like this, hands of the courts are tied by the statutory policy which governs the rights of parties. In matters like this, courts cannot go by sympathies,”

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