Courts uphold start of additional pension/ family pension from 80th Birthday & not from 81st
Daya Sagar
Government of India /Central Government and some State governments have ordered provisions for payment of additional pension/ family pension to those further progressing in age after retirement ( we can call them “Super senior” Citizens).Some pensioners have been expressing that they were /are not paid additional pension in consonance with the intentions / spirit laid in the concerned rules/ orders. Some have even gone to courts and in 2019 even supreme court has upheld the order of a high court approving the understanding of the rules as had been contented by a retired pensioner. But now were in 2022 and still some pensioners beyond 80 years age have told that they are being paid correctly additional age related pension inspite there being proper interpretation of the concerned rules/ orders. Even courts have while making judgement said that the gesture expressed by the governments has been in terms of the fair needs of the aging and the dealing government departments and officers should also appreciate that the Super senior Citizens may not find it easy / workable to make representations, make running around for follow ups and enter into litigations.
Before the subject is taken further let us have look at the subject of age related additional pension, the government orders and the structures of the orders which are going to be referred here , no doubt there may be some difference in orders made by some governments in that regard and the orders of the Apex court/ HC referred here may not apply in their case. See Table-A
A petition ( WP(C) 4224/2016 ) was filed in Gauhati High Court ( High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh ) , wherein the petitioner himself was retired Judge ( elevated as a judge of the MP High Court in May,1984 and had retired as Acting Chief Justice on 29-07-1998) contending that he was eligible for an additional 20% pension from the age of 80 years as per existing rules relating to pension for retired judges ( The High Court Judges (Salaries and Conditions of Service) ACT, 1954 Section 17-B Additional quantum of pension or family pension) and there need for “re-interpreting” the existing rule as regards the time ( when) where /when/what instance in time to ‘read/count ‘ that age of 80 years. Respondents ( governments). argued that the counting will start on the day one attains the age of 80 years, i.e 81st birthday including the date born. The petitioner contended that he enters 80 years of age on 80th birthday meaning after crossing 79 years.
Before that a similar case was decided by a Single Bench of the Karnataka High Court, Dharwad Bench in the case of Siddangouda Shivabasanagouda Ayyangoudra -Vs- Principal Accountant General (A & E) on 03- 09-2014 in which a petitioner (retired from govt service) after completing 79th year on 13-04-2013 (and not w.e.f 14-04-2014 first day of 81st year ) claimed his reaching the “super age” and entitlement to 20% additional quantum of pension on the strength of a Karnataka Government Order dated 13-10-2010 (that mentions 20% additional pension from 80 to 85 years )but respondents there too rejected claim of petitioner declaring that petitioner is entitled only after completing his 80th year but Karnataka High Court had quashed the impugned decision and directed the respondents to pay 20% additional pension from the 1st day of 80th yearwith 6% interest per annum too. Gauhati High Court did find the decision of Karnataka High Court to be of a logical outcome in line with reasoning that adopted by Gauhati High Court and held on 15-03-2018 that the benefit of additional quantum of pension as per Section 17B of the said Act in the first slab would be available to a retired judge ( the petitioner ) from the first day of his 80th year and so on for other slabs.
To be continued…
(The author is Sr Journalist, Social Activist &Analyst J&K Affairs [email protected])
