Case Note & Summary
The case involved a petition filed under Article 226 of the Constitution by Ahmedkhan Rahemkhan Pathan, a retired Village Kotwal, seeking directions for pension fixation. The original petitioner passed away during the proceedings, leading to his heirs being substituted. The deceased had served in various capacities from 1956 until his superannuation in 1972 but was denied pension due to insufficient pensionable service as per the respondents' interpretation. The respondents contended that only the service from 15.2.1962 to 21.4.1969 was pensionable, which was less than the required ten years. The petitioner's counsel argued that the earlier service should also be counted, citing a precedent where the court deemed the government's cut-off date arbitrary. The court agreed, stating that the prior service period was relevant for pension computation. Consequently, the court directed the respondents to fix the pension based on the recognized service period and to pay the arrears to the petitioner's heirs, along with interest on the arrears. The ruling emphasized the need for fair consideration of service periods in pension calculations, particularly in light of previous judicial decisions.
Headnote
A) Constitutional Law - Pension Entitlement - Recognition of Prior Service - Constitution of India, 1950, Article 226 - The court held that the service rendered by the deceased from 31.7.1956 to 14.2.1962 should be counted as pensionable service despite the government's cut-off date, as per a previous ruling. The petition was allowed, directing the respondents to fix the pension accordingly and pay arrears to the heirs (Paras 7-8).
Issue of Consideration
Whether the service rendered prior to the cut-off date can be considered for pension computation.
Final Decision
The court allowed the petition, directing the respondents to fix the pension by recognizing the service from 31.7.1956 to 21.4.1969 as pensionable and to pay arrears to the heirs. Interest on arrears was also directed at 12% per annum.
Law Points
- Pension entitlement
- computation of service
- retrospective application of rules
- government resolutions
