Judgement on Special (Super Senior) pension from the 80th or 81st birthday
A case was taken up in Gauhati High Court, wherein a petitioner contented that he was eligible for an additional 20% pension from the age of 80 years as per existing rules relating to pension and that there is need for “re-interpreting” this rule.
The dispute was when would that age of 80 years count. Govt. argued that the counting will start on the day he attains the age of 80 years (that is 81st, incl date born) birth day.
The petitioner argued that he enters 80 years of age on 80th birthday meaning he has crossed 79 years already.
Gauhati High Court after hearing all arguments and looking at various definitions, dictionary meaning etc. concluded that 80 years commences on the 80th birthday, i.e. on crossing 79 years.
Therefore, he was entitled for pension of Super Senior Pensioner from that date which means one year before the date that hitherto was taken as 80th year.
The Govt. went an appeal to Supreme Court and the SC dismissed the appeal meaning the judgement of Gauhati High Court stands as law.
That is good news to all pensioners. This judgement is now given in the case of one man but can become a common cause matter and policy wherein everyone will get the benefit.
Shiva Gopal Mishra, Secretary, Joint Consultative Machinery for Central Govt. Employees,
13-C, Ferozshah Road, New Delhi –110001
Ph: 011233 82 286
E.mail: nc.jcm.np@gmail.com
No.NC-JCM-2021/Pension Dated: 26-08-2021
The Secretary
Dept. of Pension & Pensioner’s welfare.
3rd Floor, Lok Nayak Bhavan,
Khan Market,
New Delhi – 110003
Sub: Grant of enhanced pension from the day when the pensioners enter the age of 80 years i.e. the date after the pensioner complete 79 years.
Ref: Judgement of the Honourable High Court in case No.WP (C) 4224/2016 decided on 15/03/2018 and the order of Supreme Court in SLP (Civil) Diary No. 18133/2019 decided 0n 08-07-2019.
Sir,
Your kind and immediate attention is invited to the above subject. The Hon’ble High Court of Gauhati in its judgement in the above mentioned writ petition dated 15/03/2018, has held that the additional quantum of pension or Family pension is available to a retired Judge in case of the first slab from the first day he enters his 80th year, i.e.,to say the date after he completes 79 years of age. The Govt. Filed an SLP in the Hon’ble Supreme Court against the order of Gauhati High Court and the Hon’ble Supreme Court dismissed the SLP filed by the Govt. On 08/07/2019. Therefore the Principle /Law has been established by the court of Law with regard to the payment of enhanced pension to the Pensioners/Family Pensioners.
In view of the, it is requested that the Dept. of Pension and Pensioner’s Welfare may kindly issue necessary orders for payment of the enhanced rate of pension to the Pensioners/Family Pensioners after completion of 79 years, i.e., starting from the beginning of 80th year as against the existing Rule / Practice of completion of 80 / 85 /90 years etc. Since the judgement in ref which has been upheld by the Hon’ble Supreme Court to avoid multiplicity of litigation . Necessary Govt. Orders as requested may please be issued at the earliest. A copy of the judgement of the Gauhati High Court and Supreme Court referred above is enclosed herewith for your kind reference.
Thanking You,
Yours Sincerely,
(Sd)xxxxxxx
Shiva Gopal Mishra
Secretary.
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