R. Hanumatha Singh vs State of Karnataka and others. Writ Petition 54571/2018 decided on 23 October 2020.
Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/347019/1/WP54571-18-23-10-2020.pdf
Relevant Paragraphs: 9. I have given my anxious consideration to the submission made by the learned counsel for the parties and have perused the material on record, and on analysis thereof the following questions arise for my consideration: (a) Whether the petitioner is entitled to pension inclusive of qualifying service rendered in the armed forces (b) Whether the claim of the petitioner is to be turned down on account of delay and laches?
Question (a) 20 & 23. On a cumulative reading and analysis of the afore-extracted Regulations and its interpretation would lead to an unmistakable conclusion that the petitioner is entitled to the service he rendered in the Indian Air Force and the same has to be reckoned for the purposes of counting the qualifying service to determine the amount of pension that the petitioner would be entitled to. Therefore, the petitioner is entitled to addition to the qualifying service to the maximum of 5 years in terms of the Regulation 183 of the said Regulations.
Question (b) 28. UNION OF INDIA Vs. TARSEM SINGH reported in (2008) 8 SCC 648, relied on. In terms of the law laid down by the Apex Court in the aforestated judgment, a pensioner cannot be shown a closed door of this Court on the ground that he has bought his cause belatedly but cannot be granted arrears for the entire period from the date of retirement to the date of filing the petition. In terms of the Judgment of the Apex Court arrears are restricted to 3 years before filing the writ petition.
Compiled by S. Basavaraj, Advocate, Daksha Legal.
Daksha Legal 