SHRI M.L. PATIL (DEAD) THROUGH LRS v. THE STATE OF GOA AND ANR

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362 SUPREME COURT REPORTS [2022] 3 S.C.R. [2022] 3 S.C.R. 362 362 SHRI M.L. PATIL (DEAD) THROUGH LRS v.

THE STATE OF GOA AND ANR.

(Civil Appeal No. 4100 of 2022)

MAY 20, 2022

[M. R. SHAH AND B. V . NAGARATHNA, JJ.]

Service Law: Pension – Arrears of pension – Denial of – Order passed by the High Court that the retirement age of the writ petitioners was 60 years and they were wrongly supe rannuated/ retired at the age of 58 years, however, since they appr oached the High Court belatedly, they would not be entitled to any salary/b ack wages for the period of two extra years they would have got in service; that though they would be entitled to the pension, but would not be entitled to any arrears of pension; and that t he pension at the revised rates would become payable only from 1s t January, 2020 – On appeal, held: Pension 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 th e 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 – Order passed by the High Court is quashed and set aside – Writ petitioner entitled to pension at the revised rates fr om the date he attains the age of 60 years and accordingly, arrea rs would be paid to them.

Partly allowing the appeal, the Court

HELD: 1.1 The High Court erred in observing that th e appellant would not be entitled to any arrears of pension and the pension at the revised rates will become payable only fr om 1st January, 2020. As such, the High Court may be right and/or justified in denying any salary for the period of two extra year s to the writ petitioners if they would have continued in ser vice, on the ground of delay. However, as far as the pension is conce rned, it is a continuous cause of action. There is no justif ication 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 A B C D E F G H 363 justification at all by the High Court to deny the pens ion at the revised rates and payable only from 1st January, 2020, thus, t he impugned judgment and order passed by the High Court to t hat extent is quashed and set aside. The appellant-orig inal writ petitioner would be entitled to pension at the revised rates from the date he attains the age of 60 years. The arrears would b e paid to the appellant within the stipulated period. [Para 3, 4][ 364-E-H;

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CIVIL APPELLATE JURISDICTION : Civil Appeal No.4100 of 2022.

From the Judgment and Order dated 11.02.2020 of the High Court of Bombay at Goa in Writ Petition No.961 of 2015.

Rahul Gupta, Adv. for the Appellants.

Ravindra Lokhande, Abhishek Atrey, Nring Chamwibo Zeliang, Advs. for the Respondents.

The Judgment of the Court was delivered by M. R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned final judgment and orderdated 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 res pective writ petitioner sought 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 1st January, 2020, the original writ petitioner has preferred the present appeal.

2. That the appellant – original writ petitioner of writ petition No.

961/2015 and others filed the writ petitions before the High Court challenging the action of the respondents in superannuating/retiring them at the age of 58 years. According to them, the retirement a ge was 60 years. By the impugned judgment and order, the High Court has held that the retirement age of the respective original writ petitioners was 60 years and they were wrongly superannuated/retired at the ag e of 58 years. However, as the respective writ petitioners approached the High Court belatedly, the High Court has held that none of the writ petitioners SHRI M.L. PATIL (DEAD) THROUGH LRS v. THE STATE OF GOA AND ANR.

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364 SUPREME COURT REPORTS [2022] 3 S.C.R.

shall be entitled to any salary/back wages for the period of two extra years they would have got in service. The High Court has also observed that though the writ petitioners would be entitled to the pension on the basis that they continued in service until they attain the age of 60 years, they would not be entitled to any arrears of pension and the pension at the revised rates will become payable only from 1st January, 2020.

2.1 Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court to the extent denying the back wages for the period of two extra years and observing and directing that original writ petitioner will not be entitled to any arrears of pension and the pension at the revised rates will become payable only from 1st January, 2020, the original writ petitioner of Writ Petition No. 961/2015 ha s preferred the present appeal.

3. Having heard Shri Rahul Gupta, learned counsel appearing on behalf of the appellant and Shri Ravindra Lokhande, learned counsel appearing on behalf of the respondent – State of Goa and cons idering the fact that even by the impugned judgment and order, the High Court has held that action of the State Government in requiring the o riginal petitioners to retire at the age of 58 years or not permi tting them to continue in their service uptothe age of 60 years isillegal a nd 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 petition ers 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. Ther e 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.

4. In view of the above and for the reasons stated above, the present Appeal Succeeds in Part. The impugned judgment and or der 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 A B C D E F G H 365 rates only from 1 st January, 2020 is hereby quashed and set aside. It is held and ordered that theappellant – original writ petitioner shall be entitled to pension at the revised rates from the date he attai ns the age of 60 years. Now the arrears accordingly shall be paid to the appellant within a period of four weeks from today. Present Appeal is Partly Allowed to the aforesaid extent. In the facts of the case,there shall be no order as to costs.

Nidhi Jain Appeal partly allowed.

SHRI M.L. PATIL (DEAD) THROUGH LRS v. THE STATE OF GOA AND ANR.