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Case Law Details

Case Name : Shri M.L. Patil (Dead) Through LRs Vs The State of Goa and Anr. (Supreme Court of India)
Appeal Number : Civil Appeal No. 4100 of 2022
Date of Judgement/Order : 20/05/2022
Related Assessment Year :
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Shri M.L. Patil (Dead) Through LRs Vs The State of Goa and Anr. (Supreme Court of India)

High Court has held that action of the State Government in requiring the original petitioners to retire at the age of 58 years or not permitting them to continue in their service upto the age of 60 years is illegal and null and void, we are of the view that the High Court has erred in observing that the appellant will not be entitled to any arrears of pension and the pension at the revised rates will become payable only from 1st January, 2020. As such, the High Court may be right and/or justified in denying any salary for the period of two extra years to the writ petitioners if they would have continued in service, on the ground of delay. However, 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. 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.

FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER

1. Feeling aggrieved and dissatisfied with the impugned final judgment and order dated 11.02.2020 passed by the High Court of Bombay at Goa in Writ Petition No. 961/2015, by which, though the High Court has allowed the said writ petition by holding that the respective writ petitioners ought to have been superannuated/retired at the age of 60 years instead of 58 years, the High Court has refused arrears of pension and has observed that the pension at the revised rates will become payable only from 1 st January, 2020, the original writ petitioner has preferred the present appeal.

Right to Arear of pension cannot be denied to Appellant wrongly superannuatedretired at the age of 58 years instead of 60

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