The state Govt had found a retired employee ineligible for pension .On his taking up the issue the Madras HC declared him to be eligible for pension from 2019. The Supreme Court confirmed it.
However when the stage was reached for payment of arrears, the state again raised the plea that the employee was not eligible for pension. A Division Bench of the High Court again dismissed the plea of the state in February 2022 observing that the "Dept. has misappropriated the money of the employee by depriving him of his pension "
The state for the second time challenged it by filing an SLP which came up before a bench of justices MR shah& Krishna Murari recently. The bench was critical on the " audacity " of the state and held that "once the issue was concluded upto this court that the respndent is entitled to pension it was not open to the state to again contend post 2019 when the arrears were to be paid that the employee was not eligible for pension ". The judges observed that there is no substance in the present SLP and dismissed the same with exemplary costs of Rs 5 lakhs to be paid within four weeks from 19/9/2022
What a lucky pensioner to have his patience rewarded after years of litigation !! Congrats to him.
-GN Sridharan (Advocate) Chennai
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