Jaipur: The Rajasthan High Court has set aside the denial of pension to an over 80-year-old former judicial officer, holding that administrative delay in his appointment could not be used to deprive him of pensionary benefits.
The Court directed the authorities to count his qualifying service from December 31, 1986, the date on which candidates from the original merit list were appointed.
The Court noted that the petitioner had secured Rank 1 in the Rajasthan Higher Judicial Service Examination, but his appointment was delayed due to administrative reasons.
The Supreme Court had subsequently directed that he be given seniority in accordance with his original merit ranking, although he would not be entitled to salary for the period before he actually joined service.
The petitioner ultimately joined service only in 1994, despite the Supreme Court having directed that his posting order be issued within four weeks.
The court observed- “We further notice that the Respondent did not allow the Petitioner to join even within four weeks as directed by the Hon’ble Supreme Court and ultimately, he was allowed to join on 25.02.1994. However, he cannot be denied the benefits which were granted to him by the Hon’ble Supreme Court and his service has to be counted from the date the original merit list was operated upon, i.e., 31.12.1986 and the period from 31.12.1986 to the date he was allowed to join service will have to be counted for all the purposes and calculation for his pensions and retiral benefits. Denying him pension is, thus, found to be wholly illegal, arbitrary and unjustified.”
The High Court held that the delay was not attributable to the petitioner and, therefore, could not prejudice his pension entitlement.
Administrative Delay Cannot Defeat Pension Rights
The Bench rejected the respondents’ contention that the petitioner had rendered less than the required 10 years of qualifying service under Rule 54 of the Rajasthan Civil Services (Pension) Rules.
The Court noted that once the petitioner was treated as appointed from the date on which the original merit list was operated, then the period from December, 1986 until his actual joining had to be counted for determining qualifying service and pensionary benefits.
The Court further noted that outstanding government dues, including alleged dues relating to government accommodation, could not be used as a ground to withhold pension.
Pension Arrears to with 9% Interest; 15-Day Deadline
Allowing the writ petition, the High Court quashed the order and held that the arrears of pension and other retiral benefits are to be paid within 15 days, carrying 9% annual interest. Gratuity, if still unpaid, will also carry interest at 9%.
The Court further warned that failure to release the amount within the stipulated period would attract 12% annual interest, with the additional interest recoverable from the concerned officer.
Considering the petitioner’s advanced age, the Court also directed that any documents requiring his signature be obtained by sending an officer from the Registry to his residence.