Date For Reckoning 80 Years For Benefit Of Additional Pension Is To Be Counted From The Date When Person Enters 80th Year Of Age: Madhya Pradesh HC

The Bench of Justice Anand Pathak observed, “Petitioner is in twilight zone of his life span and the date for reckoning 80 years for benefit of additional pension is to be counted from the date when person enters 80th year of age and not when he completes 80 years."

Advocate Aditya Sanghi appeared for the Petitioner while GA Lokesh Jain appeared for the Respondents.

The 90-year-old Petitioner was a Professor Emeritus and retired as Dean of Netaji Subhash Chandra Bose Medical College, Jabalpur. He was formerly a professor of Paediatrics and Director Residency Training Program, at King Faisal University and King Fahd Teaching Hospital, Al Khobar, Saudi Arabia.

The grievance of the petitioner was that the moment he entered 80 years, he was entitled to receive a 20% additional pension from the State Government as per the circular under the Madhya Pradesh Civil Services (Pension) Rules, 1976. Since he entered the age of 80 years in October 2011, therefore, he was entitled to get the 20% additional pension from such date. The Respondents did not consider the representation, the petition was preferred.

While perusing the Circular, the Court said that the intention of the lawmakers was not to exclude the 80^th and the 90^th year while computing the slabs. “Therefore, by applying Purposive Interpretation, this Court holds that interpretation put forward by the respondents is not only unreasonable but it leads to an anomalous situation where particular year would be left out for consideration and it would be unreasonable and irrational. It would also defeat the very object of helping the cause of old age employees.”, the Court observed.

Accordingly, the Court allowed the Petition.

Cause Title: Dr KK Kaul v. The State of Madhya Pradesh and Ors.

Appearances:

Petitioner: Advocate Aditya Sanghi

Respondents: GA Lokesh Jain

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