Srinagar, May 11
The Central Administrative Tribunal (CAT) bench Srinagar rejected the contention of delay for claim of pension by a retired teacher observed that the said claim including retiral benefits constitutes a continuing cause of action for the employee and cannot be denied on the ground of delay and latches.
The bench of Ritu Tagore (J) allowed the plea of a retired teacher who was seeking effect of his appointment from 1998 instead of 2005. The said teacher was appointed on the direction of court but was given prospective effect from 2005 due to which he was not entitled for pension.
He approached the court immediately after his retirement seeking claim with regard to his date of appointment but the authorities contended that his claim hit with latches and delays as he approached the court after a lapse of 15 years.
“In any event, the claim relating to pension and consequential benefits constitutes a continuing cause of action. Pension is the compensation for the services rendered by the government servant. The pensioner has a fundamental right to receive pension being his property and not a bounty”, the bench said.
The bench said that the pleas of limitation and acquiescence raised by the respondents are, therefore, untenable and stand rejected. Consequent to the discussion made above, it is held that the applicant has successfully
The CAT after hearing the aggrieved teachers counsel Hakim Suhail Ishtiaq allowed the plea with the direction to the authorities to the extent to treat the applicant’s date of appointment as 12.10.1998, and to treat the intervening period from 12.10.1998 to 12.05.2005 as qualifying service for the limited purpose of notional fixation of seniority and pay. With this direction the aggrieved teachers shall be entitled to Old Pension Scheme (OPS).
“Further, upon such re-fixation, the respondents shall re-compute and revise all consequential service and pensionary benefits payable to the applicant and release thereof”, the bench directed adding with “It is clarified that no arrears of salary or allowances shall be payable for the intervening period from 12.10.1998 up to 12.05.2005, i.e., the date of actual joining of the applicant.
The authorities have been directed to undertake the exercise of declaring the applicant as quasi permanent in accordance with applicable rules and regulations, including due consideration of the applicability of the relevant provisions for the purpose of computation of pensionary benefits, failing the compliance, the outstanding dues shall carry interest at rate of 6%p.a. from the date they become due till realization.
Follow our WhatsApp channel
