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TMI Blog1984 (7) TMI 408X X X X Extracts X X X X X X X X Extracts X X X X ..... ng in that the wrong has been righted and a festering wound has healed but the frightening legacy of the whole episode is so disturbing that one shudders at the thought as to how after rendering long, meritorious and devoted service for 38 years the employee was 1 thrown on the thorns of life and left to bleed. 2. A Constitution Bench of this Court in D.S. Nakara and Ors. v. Union of India (1983)ILLJ104SC posed three questions : 'What is a pension ?, What are the goals of pension ? and what public interest or purpose, if any, it seeks to serve ?, and proceeded to answer the same inter alia that 1 pension is not only a compensation for service rendered in the past but it has a broader significance in that it is a measure of soci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iation would be visited with serious consequences. 5. An affidavit was filed by one Mr. A.D. Mukherjee, Additional Secretary, Department of Education, Govt. of Bihar stating that the payment for arrears of pay and allowances from November 1, 1949 to January 10, 1967 as admissible to the petitioner have been sanctioned vide G.O. 670 of July 26, 1983. Soon thereafter on September 12, 1983 petitioner moved the present petition pointing out that no payment has been done to him, that the pension computation is contrary to the directions of this Court and that the affidavit of Mr. Mukherjee is false and misleading. The Court thereupon issued notice to three officers Mr. G.R. Patwardhan, Educational Commr-cum-Secretary, Department of Educ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o the Finance Commissioner, Govt. of Bihar with certain other documents. The Finance Commissioner was requested to make necessary computation with regard to the prayer mentioned in the petition of the petitioner and draw-up the computation within two weeks from the date of the receipt of the file. The Court further directed that without any further quibbling Govt. of Bihar shall deposit the amount found due and payable by the Finance Commissioner in the account of the petitioner, the number of which with the name of the bank was to be furnished by the learned Counsel for the petitioner to the respondents. Thereafter the matter came before this Court on April 26, 1984. It must be said in fairness to the Finance Commissioner that he carried o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Branch, Patna on April 20,1984. The petitioner was thus paid ₹ 4,34,163/- to which a sum of ₹ 25,000/- was added as directed to be paid by this Court as and by way of exemplary costs. The Finance Commissioner says in his report that the petitioner has thus been paid ₹ 4,53,163.37 p. The pension payment order evidencing pension payable to the petitioner has been handed over to him. That is the finale of this agonising and disturbing albeit unwarranted and uncalled for litigation. 7. We hope and desire that in future the employees who serve the Govt. would not be exposed in the fall of their life to such a costly and unending litigation to claim what is justly due to them on the date on which the bond of service is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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