Pensioners Are In The Evening Of Life After Long & Spotless Service, Welfare State Expected To Treat Them With Soft Gloves: Karnataka High Court

The Karnataka High Court has said that Karnataka Power Transmission Corporation Limited being a cent per cent public sector undertaking of the Government of Karnataka, falls within the definition of 'State' under Article 12, and an employer in a Welfare State is expected to treat pensioners with soft gloves since they are in the evening of life, having retired after putting in a long & spotless service during their productive years. A division bench of Chief Justice N V Anjaria and Justice Krishna S Dixit dismissed an appeal filed by the Corporation challenging the order of the single judge bench which directed it to re-fix the salary of the petitioners by granting them the additional annual increment, and consequently, also refit and pay their pension along with the arrears of salary and pension accrued The Corporation referred to the Apex Court's decision in KPTCL vs. C.P.Mundinamani wherein similar relief was granted to the employees and argued that it has the effect of the doctrine of prospective overruling and therefore, no benefit could have been granted to the employees that have retired earlier. Referring to the Apex court judgment cited by the corporation, the court noted that the said matter was dismissed 'directing the Appellant Corporation to grant one annual increment which the original writ petitioners earned on the last day of their service for rendering their services preceding one year from the date of retirement with good behaviour and efficiency'. It has been long settled in the realm of Service Jurisprudence that when Constitutional Courts grant relief to an employee in his individual case, other employees need not rush to the court corridor once again to litigate.” Further, it said “The employer which answers the description of 'State' under Article 12 of the Constitution, on its own has to extend the same benefit to all other similarly circumstanced employees.