The Madras High Court had in February 2022 overruled the state’s stand.
New Delhi:
The Supreme Court has imposed a fine of Rs 5 lakh on the Tamil Nadu government for filing “unnecessary” appeals despite the top court having already decided on the issue.
A bench of Justices MR Shah and Krishna Murari asked the state to deposit Rs 5 lakh with the Supreme Court registry within a period of four weeks from September 19 (when the order was passed).
“Initially, it needs to be noted that as such the State should not have filed the present special leave petition. Notwithstanding the fact that the right to pension by the respondent had been concluded up to this Court, yet, the State I had the audacity to argue that the respondent was not entitled to pension,” the bench said in its order.
The bench said that the amount deposited be transferred to the Arbitration and Conciliation Project Committee, Supreme Court of India.
It further said, “Once the issue has been taken to this Court that the respondent is entitled to pension, thereafter, it was not open for the State to contend again after 2009 when the arrears were to be paid.” That the respondent is not entitled to pension. The aforesaid stand is in the teeth of the order passed by this Court. In this case, the present special leave petition having no substance, is liable to be dismissed and accordingly dismissed with an exemplary cost. is given, the amount of which is five lakh rupees.”
The matter pertains to the pension eligibility of an employee working as a conductor in the Tamil Nadu Transport Department. The apex court had earlier confirmed his pension eligibility. However, at the time of payment of arrears, the State made a plea that the employee was not entitled to pension.
The Madras High Court had in February 2022 overruled the state’s stand. Challenging the order of the High Court, the state government had approached the apex court.
(Except for the title, this story has not been edited by NDTV staff and is published from a syndicated feed.)