Case Note & Summary
The Hubballi-Dharwad Municipal Corporation appealed against an order of a Single Judge of the High Court of Karnataka allowing a writ petition filed by S.V. Budapanahalli, a retired Assistant Engineer. The State Government had passed an order on 13.10.2010 increasing pension under different slabs for government servants who retired on or after 1.7.1993 and attained the age of 80 and above. The respondent, born on 1.5.1935 and retired, sought the benefit of this Government Order. His request made on 10.10.2014 was rejected by the appellant on 28.10.2014 on the ground that he was ineligible for 20% additional pension until he attained the age of 80. He challenged the rejection in a writ petition, which was allowed by the Single Judge on the premise that both parties had submitted that the issue was covered by an order dated 3.9.2014 in W.P.No.105189/2014. The Division Bench, after hearing the appeal, held that the respondent attained the age of 80 on 1.5.2015 and was entitled to additional pension from that date. The Court found no error in the Single Judge's order and dismissed the appeal, directing the appellant to pay the additional pension from 1.5.2015.
Headnote
A) Service Law - Pension - Additional Pension - Entitlement - Government Order dated 13.10.2010 - The respondent, a retired Assistant Engineer, sought additional pension under a Government Order that increased pension for government servants who retired on or after 1.7.1993 and attained age 80 and above. The appellant rejected his claim on the ground that he was ineligible until he attained 80 years. The Single Judge allowed the writ petition holding that the issue was covered by an earlier order. The Division Bench upheld the Single Judge's order, holding that the additional pension is payable from the date the respondent attained 80 years, i.e., 1.5.2015, and not from the date of the Government Order. (Paras 2-5)
Issue of Consideration
Whether the respondent is entitled to additional pension from the date he attained the age of 80 years or from the date of the Government Order dated 13.10.2010?
Final Decision
The appeal is dismissed. The order of the Single Judge dated 27.04.2015 in W.P.No.111122/2014 is upheld. The respondent is entitled to additional pension from 1.5.2015, the date he attained 80 years.
Law Points
- Pensionary benefits
- Additional pension
- Government Order interpretation
- Date of entitlement
- Retrospective application
