In a significant legal case, the High Court has made a ruling regarding retirement age and pension revised rates. The court’s in-depth analysis and conclusions have far-reaching implications for similar cases in the future. Let’s dive into the details of this important judgment.
Facts
- The High Court has ruled that the State Government’s action of requiring the petitioners to retire at 58 instead of 60 years is illegal.
- The High Court’s decision to deny back wages for the additional two years of service due to delay is acknowledged.
- However, the High Court’s denial of arrears of pension and specifying that the pension at revised rates will only be payable from January 1, 2020, is considered unjustified.
- The High Court recognized that the petitioners should have retired at 60, yet due to delay in approaching the court, they are not entitled to back wages for the extra two years of service.
- The High Court’s decision to deny arrears of pension and delay revised rate payment until January 1, 2020, is deemed unfounded.
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Analysis
- The present Appeal Succeeds in Part.
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Decision
- The High Court’s judgment denying arrears of pension and stating entitlement to revised rates only from 1 January, 2020 is quashed and set aside.
- The appellant is entitled to pension at revised rates from the age of 60 years.
- Arrears are to be paid to the appellant within four weeks from today.
- The present appeal is partly allowed with no costs imposed.
- The High Court’s judgment and order are modified accordingly.
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Case Title: M.L. PATIL (DEAD) THR LRS. Vs. THE STATE OF GOA (2022 INSC 622)
Case Number: C.A. No.-004100-004100 / 2022
