KALLAVVA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) PENSION is not a bounty payable on the sweet will and pleasure of the Government and that on the other hand, the right to pension is a valuable right vesting in a Government servant is the view of the Supreme Court. Since this right is frustrated and her claim is rejected by the State government by their impugned order dated 11-10-1989, a retired old lady, who has abundant richness in her poverty is before this Court questioning the correctness or otherwise of the aforesaid order.

(2.) BRIEF reference may be made to the circumstances leading up to passing of the impugned order referred to above in order to appreciate the circumstances under which the impugned order came to be made as well as ground of attack levelled against the said order.

(3.) PETITIONER was initially appointed as a scavenger in the Town Panchayat, Chikodi. In the service registers her date of birth is noted as 27-4-1913. She ought to have retired from service on 27-4-1968, on attaining the age of superannuation but her services came to be continued by the Town Panchayat. On 17-2-1973, the Town Panchayat, Chikodi had been converted to Town municipal Council, Chikodi. The services of the petitioner was also transferred to the said municipal Council and the council continued the services of the petitioner as Poura Karmika and she was retired only on 31-10-1978. There seems to have arisen some controversy about the eligibility of the petitioner for pensionary benefits, Representations made by her and the recommendations of the authorities of the district for sanctioning pensionary benefits remained undecided in the State Government for nearly 10 years and it was ultimately rejected by the State government by their order dated 11-10- 1989. Disturbed by these events petitioner is before this court inter alia seeking the following reliefs: