- The Hon'ble Supreme Court, in its recent judgement held that pension is a continuous cause of action and a delay in approaching the Court cannot justify its denial.
- In the present case, [Shri M.L.Patil (Dead) Through LRs v. State of Goa And Anr.], the appellant along with other petitioners moved the Hon'ble Bombay High Court in a writ petition against the Government of Goa for retiring them 2 years before their retirement age, i.e. they were retired at the age of 58 when the retiring age is actually 60 years.
- According to the Appellants, they were inducted into service before the appointment day, provided under the Goa, Daman and Diu Reorganization Act, which led to the formation of the State of Goa and the Union Territory of Daman and Diu.
- The contention of the Appellants were that the Act of the Goa Government is in contravention to Section 60(6) of the Reorganization Act which relates to the conditions of
- service applicable before the appointment day, and says that these conditions should not be varied to the disadvantage of the employees appointed prior to it, except when approved by the Central Government.
- The Hon'ble Bombay High Court agreed with the Appellants to the extent that the age of retirement is 60 years but condoned the delay in approaching it for the remedy.
- The Court held that due to this delay, the Appellants were not entitled to any salary or back wages for the 2 extra years of service that they would have served if not for the Goa Government's action.
- The Ld. Court directed that the pension would be calculated as if they continued service till they attained the retirement age, i.e. 60 years, but any arrears of pension would not be paid.
- Further, the pension would be payable at the revised rates from January 1, 2020.
- This decision of the Hon'ble High Court wad set aside by the Apex Court by a Bench comprising Justices M.R. Shah and B.V. Nagarathna who held that the Appellants should not be denied the arrears of pension.
- They held that the Appellants were rightly entitled to pension from the day they turn 60 at the revised rates. The Court directed the Government to pay the arrears of pension to the Appellant within a period of four weeks.
- After hearing the contentions of both the parties, the Apex Court remarked that the decision of the Bombay High Court might be justified in denying salary to the Appellants for the extra two years.
- However, denial of arrears of pension is wrong and unjustified as pension is a continuous cause of state and the Appellants would be given the same when they attain the age of 60 years.
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