Can't be oblivious to difficulties of retired employee, says SC

New Delhi: The Supreme Court Monday said "denial of pension is a continuing wrong" and it cannot be oblivious to the difficulties of a retired employee in approaching the courts, which could include financial constraints.

The top court also said it is a settled law that when financial rules framed by the Government such as Pension Rules are capable of more than one interpretation, then the Courts should lean towards that interpretation, which goes in favour of the employee.

A bench of Justices Indira Banerjee and JK Maheshwari dismissed the appeal of the Rajasthan government against the High Court order in which it had dismissed a plea of the state government challenging the single judge's decision to award a pension to a former assistant director (Agro-Industries) of Department of Industries of the State.

"In this case, the Respondent-Writ Petitioner is claiming a pension, which is a lifelong benefit. Denial of pension is a continuing wrong. This Court cannot also be oblivious to the difficulties of a retired employee in approaching the Court, which could include financial constraints", the bench said.

It added, "It is settled law that when financial rules framed by the Government such as Pension Rules are capable of more interpretations than one, the Courts should lean towards that interpretation which goes in favour of the employee".

The bench said that the High Court has rendered a just decision based on a purposive interpretation of Rule 25(2) of the Rules applied to the admitted facts on record.

"The interpretation given by the High Court to Rule 25(2) of the Rules is a plausible interpretation", it said, adding "We, therefore, find no grounds to interfere with the impugned judgment and order passed by the High Court. The Special Leave Petition is, accordingly, dismissed".

The bench said that the State is bound by the fundamental rights of its employees under Articles 14 to 16 of the Constitution.

"It is now well settled that arbitrariness violates the right to equality under Articles 14 to 16 of the Constitution of India", it said and pointed out that the employee resigned from Rajasthan State Agro Industry Corporation to take up the appointment as Assistant Director (Agro Industries) in the Department of Industries in the State of Rajasthan, after being selected through the RPSC.