1983 (4) TMI 293 - SC - Indian Laws

Summary

Issues:
1. Delay in payment of pension to a retired individual.
2. Disregard of a mandamus issued by the Supreme Court.
3. Dispute regarding the computation of pension for a retired government employee.

Analysis:
1. The judgment addresses the issue of a pensioner facing a prolonged delay in receiving his pension, despite being entitled to it under the Bihar Pension Rules, 1950. The petitioner, who had served for nearly 40 years, had been struggling to obtain his pension for 16 years. The Supreme Court highlighted the petitioner's plight and the inefficiency of the government departments in handling his case, emphasizing the need for timely payment of pension to deserving individuals.

2. The judgment discusses the disregard of a previous mandamus issued by the Supreme Court in favor of the petitioner. Despite the mandamus directing the authorities to consider the petitioner's claim for pension according to the law, the petitioner faced continued obstacles and delays in receiving his rightful pension. The judgment criticizes the lack of compliance with the court's order and the negligence of the concerned government officials in implementing the directive.

3. The dispute regarding the computation of the petitioner's pension is addressed in detail in the judgment. The court reaffirmed that the petitioner was a member of the Bihar Education Service and was entitled to pension under the Pension Rules. The Chief Minister's directive regarding the petitioner's classification in Class II and subsequent promotion to Class I was emphasized, highlighting the need for the correct computation of the petitioner's pension based on his service history and promotions. The court issued a writ of mandamus directing the State to compute and pay the petitioner's pension with arrears and interest, while also awarding exemplary costs due to the intentional delays and harassment faced by the petitioner.

Overall, the judgment emphasizes the importance of timely payment of pensions to retired individuals, the significance of complying with court orders, and the necessity of accurately computing pension benefits based on the individual's service history and entitlements.