Ishwarappa Mahalingappa Kolhar vs Director Of Technical Education
29 May, 2023
Bench: S.Vishwajith Shettypresided Bysvsj
Introduction:
In a recent case that came before the Indian courts, a retired professor, who had dedicated his life to teaching, sought justice for the delayed settlement of his pension arrears. The professor approached the court under Article 226 of the Constitution of India, invoking the powers of the judiciary to secure his rightful entitlements. After a long legal battle, the court issued a directive to the concerned authorities to consider the professor’s representation expeditiously. This blog delves into the professor’s struggle, the court’s ruling, and the significance of justice in pension matters.
The Professor’s Plight:
The petitioner, a retired professor, had served as an Assistant Lecturer in a renowned college since 1967. However, despite a government order issued in 1983 regarding the pay fixation of teaching staff, the petitioner’s case was not addressed. Frustrated by the lack of action, the professor filed a writ petition in 2003 seeking the implementation of the 1983 resolution and the designation of his post as a lecturer. Fortunately, in 2010, the court ruled in his favor, acknowledging his entitlement to all benefits, including monetary compensation according to the AICTE Scale.
The Delayed Pension Arrears:
Following the court’s judgment, the concerned college authorities submitted a report on the petitioner’s pay fixation, which was subsequently approved by the relevant government authority in 2012. However, the arrears owed to the petitioner, who had retired in 2000, were not disbursed until June 2013. The petitioner’s counsel argued that such a significant delay warranted the application of interest on the outstanding amount. To support their claim, a representation was made in 2012, invoking applicable circulars, but remained unconsidered.
Court’s Observations and Decision:
During the proceedings, the respondents did not dispute the petitioner’s claim that his representation for interest on delayed pension arrears had remained unaddressed. After considering the facts and circumstances, the court refrained from granting immediate relief in the form of direct payment of arrears. However, it emphasized the need for the competent authorities to expedite the consideration of the petitioner’s representation.
The court recognized the petitioner’s long wait for settlement of his dues, extending over ten years, and deemed it necessary to issue a directive for the expeditious consideration of the representation. The court directed the second respondent, the competent authority, to take up the matter within three months from the date of receiving a certified copy of the court’s order.
The Pursuit of Justice:
The court’s ruling is a significant step toward ensuring justice for retired employees who face delays in receiving their entitled pension arrears. The case highlights the importance of timely disbursement of pension benefits, as these funds are essential for retired individuals to sustain themselves and maintain their quality of life.
While the court recognized the petitioner’s plight and provided a directive for speedy resolution, the struggle for pension justice continues for many retired individuals across the country. It underscores the need for efficient administrative mechanisms to handle pension matters promptly and to address grievances in a timely manner.
Conclusion:
The retired professor’s fight for justice in securing his pension arrears serves as a reminder of the challenges faced by many retirees in obtaining their entitled benefits. The court’s decision to expedite the consideration of the petitioner’s representation signifies a small victory in the pursuit of justice. However, it is imperative for the concerned authorities to address such issues promptly, ensuring the timely and rightful disbursement of pension arrears. Only then can retired individuals enjoy the peace of mind and financial stability they deserve after a lifetime of service.
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JUDGEMENT REVIEWED BY SHREEYA S SHEKAR
