Case Note & Summary
The dispute arose from a civil appeal concerning the pension rights of government servants whose superannuation age had been enhanced from 55 to 58 years, with a further provision allowing continuation up to 60 years in public interest. The appellants, Shri S.V. Bhima Bhatta and another, contended that those who continued in service beyond the normal superannuation age of 58 years and up to 60 years were entitled to pension computed on the scale of pay drawn by them at the age of 60 years, including the period of three years during which they continued in service. The State of Karnataka, on the other hand, argued that the right of the Government to superannuate an employee in exercise of statutory power had been upheld by the Supreme Court, and that the payment of pension required to be decided on the date on which the employee was required to retire, with the residue period being treated as fortuitous. However, when the Supreme Court issued notice in the special leave petition, it expressly limited the question to the right of the State to recover pension already paid to the appellants. During the hearing, the learned counsel for the State fairly stated that the State had no objection and would not recover the pension already paid to the appellants. The Court, therefore, did not decide the larger question of whether the appellants were entitled to pension computed at the age of 60 years, but held that the State was not entitled to recover the pension already paid to the appellants computing the pension as if they retired at the age of 60 years. The Court left the larger question open, as it was not the matter on which notice had been issued. Consequently, the State was held free to fix pension according to rules. The appeals were disposed of with no order as to costs.
Headnote
A) Service Law - Pension - Recovery of Pension Already Paid - State Not Entitled to Recover Pension Already Paid Since Notice Limited - The Supreme Court, while issuing notice in the SLP, expressly limited the question to the right of the State to recover pension already paid. The State's counsel fairly stated that the State had no objection and would not recover the pension already paid. The Court held that the State is not entitled to recover the pension already paid to the appellants computing the pension as if they retired at the age of 60 years. The larger question of entitlement to pension for the extended period was left open, and the State was free to fix pension according to rules (Order).
Issue of Consideration
Whether the State of Karnataka is entitled to recover pension already paid to government servants computed on the basis of retirement at 60 years, given that the notice issued by the Court was expressly limited to that question.
Final Decision
The appeals were disposed of with no order as to costs. The State was held not entitled to recover pension already paid to the appellants computing the pension as if they retired at the age of 60 years. The larger question of pension computation for the extended period was left open, and the State was free to fix pension according to rules.
Law Points
- State cannot recover pension already paid when notice limited to recovery
- larger question of pension computation left open
- State free to fix pension according to rules
