MP Civil Services Rules | Retd Employees Entitled To 20% Additional Pension Once They Enter 80th Yr Of Life, Not Upon Completion Of 80 Yrs Age: HC

The Madhya Pradesh High Court has recently clarified that retired employees are entitled to the additional quantum of pension at the rate of 20 per cent from the date they turn 79 years old and enter the 80^th year of their life, and not just from the point when an employee completes 80 years of age.

The single-judge bench of Justice Anand Pathak applied a purposive interpretation of statutes and disagreed with the state's submission that the additional benefit for persons within the slab of 80-85 years would accrue only upon attaining 80 years of age.

“…In computation, as projected by the respondents not only 80th year would stand excluded and would not fall in any of the category, even the 85th and 90th year would also be excluded. This cannot be the intention of Lawmakers”, the bench sitting at Jabalpur added about other pension slabs such as 85-90, 90-95 etc.

The court opined that the interpretation of the Madhya Pradesh Civil Services (Pension) Rules, 1976 as put forward by the state would give rise to an undesirable situation.

“…it leads to an anomalous situation where particular year would be left out for consideration and it would be unreasonable and irrational. It would also defeat the very object of helping the cause of old age employees”, the single bench added.

Reliance was also placed on a Gauhati High Court Division Bench decision in Virendra Dutt Gyani v. The Union of India & Others (2016). In this case, the high court held that the additional pension payable to a retired judge in the '80=85' slab on account of Section 17(B) of the High Court Judges (Salaries and Conditions of Services) Act, 1954 should be computed from the date when the said person enters into 80 years of age instead of the date of 80 years' completion.

“…Petitioner is in twilight zone of his life span and the date for reckoning 80 years for benefit of additional pension is to be counted from the date when person enters 80th year of age and not when he completes 80 years”, the court added after referring to the state's own circular issued in 2009.

The aggrieved pensioner before the Madhya Pradesh High Court retired as the Dean of Netaji Subhash Chandra Bose Medical College, Jabalpur. He retired on 30th of June, 1991, and was getting pensionary benefits under the Madhya Pradesh Civil Services (Pension) Rules, 1976. Before the High Court, he sought the benefits given to super senior pensioners falling in the category of the '80-85' age group from13^th October 2011, i.e., the date on which he turned 79 years old and entered the 80^th year of his life. The senior citizen submitted that he is entitled to entitled to get a 20% additional pension from such date, and not from the day he turns 80 years as contended by the state.

“…. from 80 years to 85 years (means he would not be completing 85 years), consequence would be that on completion of 80 years to less than 85 years, a retired employee would be entitled to first scale of additional pension (20%) and again on completion of 85 years to less than 90 years, a retired employee would be entitled to second scale of additional pension (30%) and so on”, the court pointed out the fallacy in the state's interpretation of additional pension rules.

The court instructed the respondent authorities to dispose of the petitioner's representation immediately and disburse the benefits owed to him in consonance with the High Court order.

“…It is the duty of respondents that considering his age and past services, they shall promptly decide the case and disburse the benefits at an expeditious note preferably within one month from the date of submission of certified copy of this order, so that it may be a case of vindication of his services rendered to society”, the court added.

Advocate Aditya Sanghi appeared for the petitioner. Government Advocate Lokesh Jain represented the state.

Case Title: Dr. KK Kaul v. State of Madhya Pradesh & Ors.

Case No: Writ Petition No. 22739 of 2021

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