Courts uphold start of additional pension/ family pension from the 80th Birthday & not from 81st
DAYA SAGAR
SLP (Civil) Diary No. 18133/2019 Union of India & Ors Versus Virendra Dutt Gyani (for Admission and IR and IA No.84980/2019-condonation of delay in filing and IA No.84981/2019-exemption from filing C/C of the impugned judgment ) was filed by Government in Supreme Court against Gauhati High Court Judgement of 15-03-2018 in WP(C) 4224/2016 {( Item No.21 Court O.1 Section XIV Special Leave Petition (Civil) Diary No. 18133/2019}, and SC too ordered on 08-07-2019 < “Delay condoned. Having heard learned counsel for the petitioners and on perusing the relevant material, we are not inclined to interfere. The special leave petition is accordingly dismissed. Pending interlocutory applications, if any, shall stand disposed of “>
In view of the above, it is expected that the Departments/Regulating authorities/ Disbursing officers in the Union Government / States /UTs, where ever provisions have been ordered for age related ( we may say “super age” or super “senior Citizen”) “additional quantum of pension or family pension” , take the direction as also vetted by Supreme Court as regards interpreting the said rules with descriptions similar as in Section -17B of The High Court Judges (Salaries and Conditions of Service) Act, 1954 for implementation. To quote the orders/rules exist with similar descriptions as ordered by Central Government (Central Civil Services (Pension) Rules, 2021. Rule 44(6) Amount of Pension) as also by J&K State Government{J&K Civil Service Regulations, 195. SRO-138 of 25-04-2016 issued by Finance Department J&K under A/14/85 -II/375 25-04-2016 Rule “240-A (viii) Elderly pensioners additional pension}. (See Table-A ). But it has been observed that the beneficiaries are not being entertained by the concerned authorities/ disbursing officers. It is not out of place mention here that the orders in this regard provide even 100 % additional pension over basic pension for ‘super seniors’ of age 100 years or more. No doubt with the interpretation as has been given by the Highest Court the increase in slabs have to start only a year earlier as against being observed by some governments like J&K but it is the question of fair justice and honour for ‘our’ elders.
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. Intentions of those in power seats who framed the provisions for “Additional” pension to the aging could be seen even from note-5 appearing SRO 138 dated 25-04-2016 of J&K Finance department where it says <” Note-5 : The pension Disbursing Authority/Bank will make payment of additional pension in the above manner, on provisional basis, upto a period of three months from the month in which the proof of age/date of birth is submitted by the pensioner. In such cases, the Pension Disbursing authority/Bank will immediately send one copy each of the document submitted by the pensioner to the Accountant General for formal authorization of the additional pension. The pension disbursing authority /Bank will make a payment of additional pension beyond a period of three months only on receipt of such an authorization from the Accountant General”>.
So concerned department related to superannuation pension for ex government employees /Pensioner’s Welfare may kindly issue necessary orders for payment of pension / family pension at enhanced rate / with additional pension ( where ever provision exists) to the Pensioners/Family Pensioners like starting after completion of 79 years followed by 84 yrs,89yrs,94yrs,99 yr , i.e., starting from the beginning of 80th year as against the existing practice being followed by some of completion of 80 yrs , 85yr,90yrs,95yrs,100 yrs . Since the judgement of Gauhati HC in ref that has also been upheld by the Supreme Court to avoid multiplicity of litigation Governments like UT of J&K may hence issue ( if needed and not yet issued after SC vetting the Gauhati HC order on 08-07-2019) orders/instructions/clarifications to the disbursing officers so that the super seniors have not to run around / go for litigations in their last years. While addressing the Joint Conference of Chief Ministers of States and Chief Justices of High Courts on April 30th, 2022 where The Prime Minister and Law Minister were also in attendance, Chief Justice of India N.V. Ramana stated that the Judiciary, Executive, and Legislature must work together to tackle India’s judicial pendency problem which was solely not due to Judges and had urged the government to fulfil its responsibilities such that citizens are not forced to approach the Court for every problem adding that the government is the biggest litigant in India, accounting for 50% of all cases filed before the Courts. Prime Minister too had expressed his earnest commitment to delivery of good governance and see that government works for getting the justice delivered with no undue costs in time & money.
(The author is Sr Journalist,Social Activist &Analyst J&K Affairs dayasagr45@yahoo.com).