Wait finally over! Retd official to get pension after 12 yrs

Wait finally over! Retd official to get pension after 12 yrs

TIMES NEWS NETWORK 28.11.2024

Bengaluru : “Ours being a constitutionally ordained welfare state, the govt should conduct itself as a model employer,” the high court observed recently while coming to the rescue of a 73-yearold retired civil servant fighting for unpaid salary and pension arrears. 

“It pains us that this is not the first case where a pensioner was put to untold hardship and cruelty at the hands of the govt, which extracted his sweat, if not blood, for more than 33 years of service. All this cannot go scathefree,” a division bench comprising Justices Krishna S Dixit and CM Joshi observed in its order while allowing the petition filed by one Sadashivappa of Bengaluru. The authorities have now been directed to sanction and release regular pension and all terminal benefits to the petitioner within two months, with interest at the rate of 1% per month from the day the sum was withheld. “The rate of interest should stand altered to 2% in the place of 1% per mensem with retrospective effect if the delay exceeds two months.

Further, the respondents should pay a cost of Rs 50,000 to the petitioner,” the bench added. Sadashivappa, a Karnataka Municipal Administration Service officer, retired from service in Feb 2012. However, citing a pending inquiry into certain allegations against him, his retirement benefits were withheld despite him submitting several representations. He approached the Karnataka State Administrative Tribunal, which, however, on Feb 6, 2024, rejected his petition. He moved the high court. 

His main contention was that the pension payable to a retired employee is his right, constitutionally guaranteed under Articles 21 and 300-A of the Constitution. On the other hand, the govt advocate submitted that upon certain audit objections, the auditor general had directed the recovery of Rs 3.1 lakh from Sadashivappa, and the same is permissible under Karnataka Civil Service Rules (KCSR). 

The bench noted that the payment of retirement benefits of nearly Rs 9.5 lakh was withheld from the petitioner. “We repeatedly asked the govt advocate about the particulars of ‘pending inquiry’ and no material was produced before us to show that any disciplinary inquiry of the kind was ever instituted against him,” it said.

Offends petitioner’s fundamental right to life

“The fact remains that till date, no inquiry has been instituted against the petitioner, who demitted his office on Feb 29, 2012, on attaining the age of superannuation. Now he is in the evening of his life. No inquiry can now be instituted for the alleged lapses because of the fouryear limitation enacted in the provisions of Rule 214(2)(b)(ii) of KCSR. Since a retired employee holds his body and soul together with the periodic pension regularly paid, withholding the same at times amounts to suspending the means of livelihood and therefore, offends the Fundamental Right to life constitutionally assured under Article 21 in the light of the Supreme Court’s decision in the Olga Tellis case,” the high court bench further noted in its recent order.