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1984 (7) TMI 408 - SC - Indian Laws

Issues:
1. Delay in pension payment to a retiree.
2. Interpretation of pension as socio-economic justice.
3. Contempt of court by government officials.
4. Calculation and payment of pension arrears.
5. Resolution of pension dispute through court intervention.

Detailed Analysis:
1. The judgment highlights the struggle of a retiree in obtaining his pension dues after 38 years of service. The court emphasizes the importance of pension as a measure of socio-economic justice, providing economic security in old age. The delay in pension payment led the retiree to approach the court twice under Article 32 of the Constitution, reflecting the unequal fight between the individual and the state.

2. The court refers to previous decisions emphasizing the significance of pension as a statutory right that must be promptly fulfilled upon retirement. The petitioner faced agony and harassment in claiming his rightful dues, showcasing the failure of the administration to adhere to court directives. The court stresses that pension provisions are a legislative response to constitutional expectations, ensuring financial stability for retirees.

3. The judgment addresses the contempt of court by government officials who failed to comply with the court's directions regarding pension payment. The petitioner raised concerns about false and misleading information provided by the officials, leading to a show-cause notice for potential contempt. The court intervened to ensure expeditious compliance and detailed calculations to resolve the dispute.

4. The court outlines the detailed process of calculating and paying the pension arrears to the retiree. After multiple disputes and submissions from both parties, the Finance Commissioner was tasked with computing the amount due and depositing it into the petitioner's account. The court commends the Finance Commissioner for his diligent efforts in resolving the case promptly.

5. The judgment concludes with the retiree receiving the pension arrears, including exemplary costs, totaling the amount due. The court expresses hope that such costly and unending litigations for pension rights will be avoided in the future, emphasizing the importance of timely and just payment to government employees upon retirement. Ultimately, the court discharges the notice issued to the respondents, closing the case with the resolution of the pension dispute through court intervention.

 

 

 

 

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