PETITIONER: SHRI SV BHIMA BHATTA & ANR. Vs. RESPONDENT: STATE OF KARNATAKA & ORS. DATE OF JUDGMENT: 18/01/1996 BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. G.B. PATTANAIK (J) CITATION: JT 1996 (2) 236 1996 SCALE (2)SP43 ACT: HEADNOTE: JUDGMENT:
WITH
CIVIL APPEAL NO. 2835 OF 1996
(Arising out of SLP (C) No. 20571 of 1993)
O R D E R
SLP (C) No. 20571/93 taken on Board.
We have heard the learned counsel on both sides.
Leave granted.
Shri S.R. Bhat, learned counsel for the appellants,
contended that during the period of fluctuation of
superannuation of the Government servants between 55 and 58
years and continuation upto 60 years, the Government
ultimately had enhanced superannuation to 58 years with
liberty in public interest to appoint for further period
upto 60 years the persons who continued in service beyond
the normal period of superannuation are also entitled to the
pension on the basis of scale of pay drawn by them on
the date of their superannuation, i.e., 60 years and the
pension should be computed accordingly including
the period of 3 years during which they had continued in
service. On the other hand, Shri Nagaraja, learned counsel
for the State, contended that the right of the Government to
superannuate the employee in exercise of the statutory
power was upheld by this Court. The payment of pension
requires to be decided on the date on which the employee is
required to retire and- the residue period would be treated
as fortuitous. We need not decide this question in view of
the fact that this Court, while issuing notice, has
expressly limited to the question as to right of the State
to recover the pension already paid to them. Shri Nagaraja
has fairly stated that the State has no objection and the
State would not recover the pension already paid to them;
the notice is limited only to that extent. We hold that the
State is not entitled to recover the pension already paid to
them computing the pension as if the respondents retired at
the age of 60 years. The larger question is left open since
that is not the matter on which the notice was issued.
Consequently, the State is free to fix the pension according
to rules.
The appeals are accordingly disposed of. No costs.