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Supreme Court of India 2022-05-20 partly_allowed

M.L. Patil (Dead) Through LRs vs State of Goa and Anr

Bench: 2 — M.R. Shah

In Brief

A government employee (M.L. Patil) was wrongfully retired at age 58 instead of the statutory retirement age of 60. The High Court acknowledged the retirement was illegal but denied arrears of pension and ordered pension at revised rates only from 1st January 2020, citing the delay in approaching the court. The Supreme Court partly allowed the appeal, holding that while back wages for the extra two years of service may be denied due to delay, pension arrears cannot be similarly denied. Pension is a continuous statutory entitlement; the employee is entitled to pension at revised rates from the date of attaining age 60, with full arrears payable accordingly."

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Constitutional Law Administrative Law Civil Service Pension and Retirement Benefits Writ Jurisdiction Wrongful Termination

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