Karnataka HC declines grant of pension under new scheme retrospectively

A division bench observed that courts cannot go by sympathies

The Dharwad bench of the High Court has said that unless a strong case is made out, enhanced benefit under a new pension regulation cannot be granted retrospectively.

A division bench comprising Justices Krishna S Dixit and P Krishna Bhat said this in a recent judgment observing that courts cannot go by sympathies.

The Karnataka Power Transmission Corporation Limited (KPTCL) had moved an appeal challenging the order passed by the single judge, allowing the petition filed by the wife of its former employee.

The single judge had directed the KPTCL to pay family pension and its arrears with interest at the rate of 6% per annum from the date of death of the employee in harness till December 31, 1986 and for the subsequent period with enhanced interest of 12% per annum.

The employee had joined KPTCL on December 18, 1974 and died in harness because of an accident on July 23, 1978. The KPTCL rejected the representation made by the employee’s wife seeking grant of pension under the new policy, implemented years after the death.

This was challenged by the wife before the single judge and the KPTCL was directed to pay the family pension and arrears under the new regulations.

The division bench observed that the employee had died long before the new scheme was promulgated and that there was no contribution from the side of the employee in terms of the scheme. Therefore, the benefits under the new scheme cannot be claimed by the wife of such an employee, the court said.

“The writ petitioner has been sanctioned family pension under the then existing scheme and accordingly she is being paid too. In matters like this, hands of the courts are tied by the statutory policy which governs the rights of parties. In matters like this, courts cannot go by sympathies,” the bench said.