BOARD OF TRUSTEES OF THE PORT OF CALCUTTA AND ANOTHER Vs. ANIL KUMAR GHOSH
LAWS(SC)-1982-2-32
SUPREME COURT OF INDIA
Decided on February 19,1982

Board Of Trustees Of The Port Of Calcutta And Another Appellant
VERSUS
ANIL KUMAR GHOSH Respondents

JUDGEMENT

- (1.) By this Civil Miscellaneous Petition the respondent requests the Court to direct the appellants to make the payments which are due to him in view of the finding recorded by the judgment under appeal that the order of compulsory retirement is not valid; and also because he has reached the age of superannuation.
(2.) On the question of salary no direction is necessary because Mr. Bhandare, learned counsel for the respondent, informs us that the respondent has been paid his salary from month to month till 28.2.1981 and admittedly the respondent would retire on superannuation with effect from 1.3.1981. Therefore, there is no question of directing payment of salary as being due and payable to the respondent.
(3.) The next demand is about pension. The appellants admitted in their counter-affidavit that the respondent will be entitled to ⅔rd pension as per Central Civil Service (Pension) Rules, 1972 as adopted by the Port Trust for its employees in case of compulsory retirement. At this stage except the fact that the judgment is under appeal, the order of compulsory retirement does not exist subject to the decision of this Court in appeal. Therefore, the respondent should be paid pension as admissible without taking into account that he is compulsorily retired. The pension will become due and payable from 1.3.1981. This direction is subject to the condition that in the event the appeal is allowed and the respondent would be entitled to the pension as indicated by the appellants, it would be open to the appellants to recover the same from future pension payable to the respondent.;


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