Benefit of 80 years additional pension on date of entering 80th year: MP HC

The Madhya Pradesh High Court has provided a significant interpretation of the Madhya Pradesh Civil Services (Pension) Rules, 1976, offering relief to elderly pensioners. In a recent ruling, the Court observed that the date for reckoning 80 years of age for the benefit of additional pension should be counted from the date when a person enters their 80th year, rather than when they complete 80 years.

The ruling was delivered by a Bench led by Justice Anand Pathak in a case involving a 90-year-old petitioner, a former Professor Emeritus and Dean of Netaji Subhash Chandra Bose Medical College, Jabalpur. The petitioner had also served as a professor of Paediatrics and Director of the Residency Training Program at King Faisal University and King Fahd Teaching Hospital, Al Khobar, Saudi Arabia.

Advocate Aditya Sanghi represented the petitioner, while Government Advocate Lokesh Jain appeared for the respondents.

The petitioner's grievance stemmed from the State Government's refusal to grant him a 20% additional pension from the date he entered his 80th year in October 2011, as provided under the Pension Rules. Despite his repeated representations, the government failed to address his concerns, prompting him to seek judicial intervention.

Justice Pathak, while interpreting the relevant Circular, underscored that the intent of the lawmakers was not to exclude the 80th and 90th years from the calculation of pension benefits. The Court found the government's interpretation unreasonable and anomalous, noting that it would unjustly exclude a critical year from pension calculations.

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

By applying a purposive interpretation of the law, the Court concluded that excluding the 80th year from pension calculations would defeat the objective of supporting elderly employees. The Court's ruling ensures that senior citizens will receive their rightful pension benefits without unnecessary delays or denials.

This judgment is expected to set a precedent, clarifying the interpretation of pension rules for the elderly across the state and ensuring that senior citizens receive the benefits they are entitled to as they age.