Case Note & Summary
The petitioner, M.A. Dhavaleshwar, was appointed as a Professor on 26-07-1982 at Sangolli Rayanna Grade-I College, Rani Chennamma University. He retired on 30-06-2019 after serving for about 37 years. Upon retirement, he was denied regular pension on the ground that his service prior to the adoption of the pension scheme by the University was non-contributory. The petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of mandamus directing the respondents to grant regular pension and calculate his pensionary benefits based on his last drawn salary, along with arrears of Rs.12,72,097/- with interest. The respondents argued that the petitioner was not entitled to pension for the period prior to the adoption of the pension scheme as he had not contributed to the pension fund. The Court, after hearing the parties, held that pension is a right and not a bounty, and the University cannot deny pension for the period of non-contributory service as the scheme applies uniformly to all employees. The Court found the denial arbitrary and violative of Articles 14 and 16 of the Constitution. The Court allowed the petition and directed the respondents to grant regular pension to the petitioner and calculate his pensionary benefits based on his last drawn salary at the time of retirement, and to release the arrears of pension amount of Rs.12,72,097/- with interest at 18% per annum from the date of retirement till realization.
Headnote
A) Service Law - Pension - Right to Pension - Non-Contributory Service - The petitioner, a retired professor, sought regular pension for his entire service including the period prior to the adoption of the pension scheme by the University. The Court held that pension is a right and not a bounty, and the University cannot deny pension for the period of non-contributory service as the scheme applies uniformly to all employees. (Paras 1-10) B) Constitutional Law - Articles 14 and 16 - Arbitrariness - Denial of pension on the ground that the service was non-contributory prior to the adoption of the pension scheme was held to be arbitrary and violative of Articles 14 and 16 of the Constitution of India. The Court directed the respondents to grant regular pension and calculate pensionary benefits based on the last drawn salary. (Paras 11-15)
Issue of Consideration
Whether the petitioner is entitled to regular pension and terminal benefits for the period of service rendered prior to the adoption of the pension scheme by the University, and whether the denial of such benefits on the ground that the service was non-contributory is arbitrary and violative of Articles 14 and 16 of the Constitution of India.
Final Decision
The Court allowed the petition and directed the respondents to grant regular pension to the petitioner and calculate his pensionary benefits based on his last drawn salary at the time of retirement, and to release the arrears of pension amount of Rs.12,72,097/- with interest at 18% per annum from the date of retirement till realization.
Law Points
- Pension is a right and not a bounty
- University pension scheme must be applied uniformly
- Non-contributory service prior to adoption of pension scheme counts for pension
- Denial of pension on ground of non-contributory service is arbitrary
