S.V. Bhima Bhatta & Anr Vs. State of Karnataka & Ors  INSC 90 (18 January 1996)
K.Ramaswamy, K.G.B. Pattanaik (J)
JT 1996 (2) 236 1996 SCALE (2)SP43
APPEAL NO. 2835 OF 1996 (Arising out of SLP (C) No. 20571 of 1993) O R D E R
SLP (C) No. 20571/93 taken on Board.
have heard the learned counsel on both sides.
S.R. Bhat, learned counsel for the appellants, contended that during the period
of fluctuation of superannuation of the Government servants between 55 and 58
years and continuation upto 60 years, the Government ultimately had enhanced
superannuation to 58 years with liberty in public interest to appoint for
further period upto 60 years the persons who continued in service beyond the
normal period of superannuation are also entitled to the pension on the basis
of scale of pay drawn by them on the date of their superannuation, i.e., 60
years and the pension should be computed accordingly including the period of 3
years during which they had continued in service. On the other hand, Shri Nagaraja,
learned counsel for the State, contended that the right of the Government to
superannuate the employee in exercise of the statutory power was upheld by this
Court. The payment of pension requires to be decided on the date on which the
employee is required to retire and- the residue period would be treated as
fortuitous. We need not decide this question in view of the fact that this
Court, while issuing notice, has expressly limited to the question as to right
of the State to recover the pension already paid to them. Shri Nagaraja has
fairly stated that the State has no objection and the State would not recover
the pension already paid to them; the notice is limited only to that extent. We
hold that the State is not entitled to recover the pension already paid to them
computing the pension as if the respondents retired at the age of 60 years. The
larger question is left open since that is not the matter on which the notice
the State is free to fix the pension according to rules.
appeals are accordingly disposed of. No costs.