Central Administrative Tribunal - Mumbai
Satyendra Kumar Singh vs Geological Survey Of India on 9 October, 2025
1 OA No. 1379/2024
Central Administrative Tribunal
Mumbai Bench: Mumbai
OA No.1379/2024
Order reserved on: 18.08.2025
Order pronounced on: 09.10.2025
Hon'ble Mr. Justice M.G. Sewlikar, Member (J)
Satyendra Kumar Singh, son of late Babulal Singh,
Director (G) (retired), Geological Survey of India, Nagpur,
aged 78 years presently residing at Plot No. 114, New
Jagruti Colony, Katol Road, P.S. Gittikhadan,
Nagpur-440013.
-Applicant
(In Person)
Versus
1. Union of India, Through the Secretary, DoPT, Ministry
of Personnel, Public Grievance and Pension, North Block,
New Delhi- 110011;
2. The Central Pension Account Office, Government of
India, Trikoot-2, Bikaji Cama Palace, New Delhi- 110066;
3. The Secretary, Ministry of Mines, Government of
India, 3rd Floor, 'A' wing, Shastri Bhawan, New Delhi-
110001;
4. Director General, Geological Survey of India, 27, J.L.
Nehru Road, Kolkata- 440006;
5. Dy. Director General, SUM, Geological Survey of
India, P.O. Seminary Hills, P.S. Gittikhadan, Nagpur-
440006. - Respondents
(By Advocate Mr. P.H. Khobragade)
Digitally signed by Nicky Kumari
Nicky
DN: C=IN, O=Personal, OID.2.5.4.65=
5701472963214eacaf7214eb1c705990, Phone=
319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b4052
97e23829af5a475, PostalCode=823002, S=Bihar,
SERIALNUMBER=
78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc6
Kumari
6bbdd397444faa, CN=Nicky Kumari
Reason: I am the author of this document
Location:
Date: 2025.11.04 15:29:09+05'30'
Foxit PDF Reader Version: 2024.3.0
2 OA No. 1379/2024
ORDER
Per: Justice M.G. Sewlikar, Member (J)
By this application under Section 19 of the Administrative Tribunals Act, the applicant is seeking relief of grant of Additional Quantum of Pension (AQP) from the date he enters 80 years of age.
2. Facts in brief are that the applicant was a Group 'A' Officer in Geology cadre of Geological Survey of India (GSI).
He retired on superannuation on 31st January, 2006. The date of birth of the applicant is 09th January, 1946. He will step into the age of 80 years on 09th January, 2024. As per O.M. No. 38/37/2016-P&PW (A) dated 04th April, 2016 of Department of Pension & Pension Welfare, the Additional Quantum of Pension is payable as per the information in below mentioned tabulated form:-
Age of the Pensioner/Family Additional quantum of pension Pensioner to be payable From 80 years to less than 85 20% of revised basic years pension/family pension From 85 years to less than 90 30% of revised basic years pension/family pension From 90 years to less than 95 40% of revised basic years pension/family pension Digitally signed by Nicky Kumari From 95 years to less than 100 50% of revised basic Nicky DN: C=IN, O=Personal, OID.2.5.4.65= 5701472963214eacaf7214eb1c705990, Phone= years pension/family pension 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b4052 97e23829af5a475, PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc6 Kumari 6bbdd397444faa, CN=Nicky Kumari Reason: I am the author of this document Location:
100 years or more 100% of revised basic Date: 2025.11.04 15:29:09+05'30' Foxit PDF Reader Version: 2024.3.0 3 OA No. 1379/2024 pension/family pension
3. He contends that similar position is depicted in OM dated 12th may, 2017, 23rd August, 2022, 31st March, 2022 and 18th October, 2024. According to him, AQP is payable on entering the age of 80 years and not on completion of 80 years of age. It is his contention that a pensioner is entitled to AQP soon after he steps into the age of 80 years and not on completion of 80 years of age. He has placed reliance on the case of Virendra Dutt Gyani (Ex. Acting Chief Justice, Guwahati High Court) vs. UoI and five others in WP (C) 4224/2018, decided on 15.03.2018 and on the case of Bengal Immunity Co. vs. State of Bihar, AIR 1955 SC
661. He contends that in the case of Virendra Dutt Gyani (supra), Guwahati High Court held that AQP is admissible on stepping into the age of 80 years and not on completion of 80 years of age. This decision of Guwahati Hight Court was challenged in Supreme Court. The Supreme Court dismissed the challenge raised by the Union of India in SLP (Civil), Diary No. 18133/2019, decided on 08th July, 2019.
Digitally signed by Nicky Kumari Armed Force Tribunal has also taken a similar view.Nicky DN: C=IN, O=Personal, OID.2.5.4.65= 5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b4052 97e23829af5a475, PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc6 Kumari 6bbdd397444faa, CN=Nicky Kumari Reason: I am the author of this document Location:
Date: 2025.11.04 15:29:09+05'30' Foxit PDF Reader Version: 2024.3.0 Jabalpur Bench of this Tribunal has also taken a similar 4 OA No. 1379/2024 view. He contends that he is entitled to AQP on entering the age of 80 years.
4. Respondents filed their reply contending that the DoPT OM referred by the applicant clearly states that AQP would be granted after completing 80 years of age with the slight modification that: The additional pension or additional compassionate allowance shall be payable from the first day of calendar month in which it falls due. The DoPT OM dated 18th October, 2024 also gives example to the effect that if date of birth of an employee is 22.08.1942, his enhanced pension will start on 01.08.2022. Thus, the DoPT has given benefit of 21 days. This is a benevolent measure undertaken by DoPT for pensioners by preponing the exact date of birth to the first day of the month in which they were born. The claim of the applicant is pre-
mature as he will be completing 80 years on 09th January, 2026 and he has filed this OA before completing the age of 80 years. In terms of Sub-rule (2A) of Rule 49 of CCS (Pension) Rules, a pensioner is entitled to enhanced Nicky Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65= 5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b4052 97e23829af5a475, PostalCode=823002, S=Bihar, pension from the date he completes the age of 80 years SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc6 Kumari 6bbdd397444faa, CN=Nicky Kumari Reason: I am the author of this document Location:
Date: 2025.11.04 15:29:09+05'30' Foxit PDF Reader Version: 2024.3.0 5 OA No. 1379/2024 and, therefore, the applicant is not entitled to pension, he is claiming for.
5. I have heard applicant in person and learned counsel for the respondents, Shri P.H. Khobragade.
6. The applicant has made oral submissions and also has filed written arguments. Read the written arguments.
7. The applicant contends that in the case of Virendra Dutt Gyani (supra), the pensioner is held entitled to enhanced pension from the date he enters 80 years of age.
This decision of Guwahati High Court was challenged before the Supreme Court but the Supreme Court dismissed the SLP. Thus, the judgment of the Guwahati High Court has been confirmed. In the case of Dr. K. K. Kaul vs. The State of Madya Pradesh & Ors. in Writ Petition No. 22739 of 2021 (Jabalpur High Court), it has been held that a pensioner is entitled to enhanced pension from the date he enters 80 years of age. He contends in the written arguments that OA is not premature. For this Nicky Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65= 5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b4052 97e23829af5a475, PostalCode=823002, S=Bihar, purpose, he has placed reliance on the case of M/S. SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc6 Kumari 6bbdd397444faa, CN=Nicky Kumari Reason: I am the author of this document Location:
Date: 2025.11.04 15:29:09+05'30' Foxit PDF Reader Version: 2024.3.0 Pushpa Sahkari Avas Samiti vs Gangotri Sahkari Avas, 6 OA No. 1379/2024 AIR 2012 SC 1788, in which five conditions have been laid down for determining whether the suit is premature or not,
(i) when there is a mandatory bar created by a statue which disables the plaintiff from filing the suit on or before a particular date or the occurrence of a particular event; (ii) when the institution of the suit before the lapse of a particular time or occurrence of a particular event would have the effect of defeating a public policy or public purpose; (iii) if such premature institution renders the presentation itself patently void and the invalidity is incurable such as when it goes to the root of the court's jurisdiction and where the lis is not confined to parties alone and affects and involves persons other than those arrayed as parties.
8. He contends that the applicant is entitled to 20% of additional pension on entering the age of 80 years and not on completion of 80 years of age. Sub-rule (2A) of Rule 49 of the CCS (Pension) Rules, 1972 was not originally there in the Rules. It was introduced by a notification that too as an Nicky Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65= 5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b4052 97e23829af5a475, PostalCode=823002, S=Bihar, amendment vide letter dated 08th June, 2011 by the SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc6 Kumari 6bbdd397444faa, CN=Nicky Kumari Reason: I am the author of this document Location:
Date: 2025.11.04 15:29:09+05'30' Foxit PDF Reader Version: 2024.3.0 DoP&PW. DoP&PW has no jurisdiction, authority and 7 OA No. 1379/2024 power to make such an amendment without seeking approval of the Cabinet, such an amendment cannot be made merely by issuing a letter and it will not be valid without publishing it in the Gazette. In terms of the judgement of the Supreme Court in the matter of D.S. Nakara & 2 others vs. Union of India in WP Nos. 5939-41 dated 17th December, 1982, pension is a vested right. DoPT did not consider the decision of Supreme Court in D.S. Nakara (supra) case.
9. Learned counsel for the respondents submitted that the judgment of Guwahati High Court was delivered in terms of Section 17B of The High Court Judges (Salaries and Conditions of Service) Act, 1954 which states that a pensioner is entitled to enhanced pension once he steps into the age of 80 years. However, Rule 49(2A) clearly spells out that the enhanced pension is admissible only on completion of 80 years of age. The said Rules have been approved by the President and have been notified in the Official Gazette in the month of June, 2011. He submitted Nicky Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65= 5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b4052 97e23829af5a475, PostalCode=823002, S=Bihar, that Ernakulam Bench of this Tribunal considered the SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc6 Kumari 6bbdd397444faa, CN=Nicky Kumari Reason: I am the author of this document Location:
Date: 2025.11.04 15:29:09+05'30' Foxit PDF Reader Version: 2024.3.0 judgment of Virendra Dutt Gyani (supra) and held that 8 OA No. 1379/2024 Virendra Dutt Gyani (supra) is not applicable to the facts of the case at hand. Even Section 17B has been amended and explanation has been added to Section 17B to the effect that AQP shall be deemed to have been admissible on completing the age specified in the first column of the scale. He submitted that on this basis, the Karnataka High Court in the matter of Between The Commissioner, Hubballi- Dharwad Municipal Corporation, Hubballi & Anr. And S.V. Budapanhalli S/o. Virupaxappa in Writ Appeal No.100481/2015 (S-RES) dated 16th December, 2015 has also held that pension will be admissible on completing the age of 80 years. Similarly, in the case of Between Office of the Principal Accountant General (A & E) Indian Audit and Accounts Department & Ors. And R.G. Desai & Ors. in Writ Appeal No. 2487 of 2012 (S-R) dated 30th October, 2019, Karnataka High Court has held that 20% AQP shall be admissible from the date of completing the age of 80 years.
10. I have given thoughtful consideration to the Nicky Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65= 5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b4052 97e23829af5a475, PostalCode=823002, S=Bihar, submissions made by the learned counsels for the SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc6 Kumari 6bbdd397444faa, CN=Nicky Kumari Reason: I am the author of this document Location:
Date: 2025.11.04 15:29:09+05'30' Foxit PDF Reader Version: 2024.3.0 respective parties.9 OA No. 1379/2024
11. Additional Quantum of Pension (AQP) is admissible as per Rule 49(2A) from the date of completion of 80 years of age or above. Originally, Sub-rule (2A) to Rule 49 was not there. It was inserted by the Central Civil Services (Pension) Amendment Rules, 2011 for which assent of the President was obtained and they came into force on the date of their publication in the Official Gazette i.e. 8th June, 2011. Rule 49 (2A) reads thus:-
"(2A) In addition to pension admissible in accordance with sub-rule (2), after completion of eighty years of age or above, additional pension shall be payable to the retired Government servant in the following manner:-
Age of pensioner Additional pension From 80 years to less than 20% of basic pension. 85 years From 85 years to less than 30% of basic pension. 90 years From 90 years to less than 40% of basic pension. 95 years From 95 years to less than 50% of basic pension. 100 years 100 years or more 100% of basic pension.;"
12. This Rule specifically mentions that additional pension shall be payable to retired Government servant on completion of 80 years of age or above. Thus, the intent of the legislature is that the pensioner would be entitled to Digitally signed by Nicky Kumari Nicky DN: C=IN, O=Personal, OID.2.5.4.65= 5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b4052 additional pension on completion of 80 years of age and not 97e23829af5a475, PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc6 Kumari 6bbdd397444faa, CN=Nicky Kumari Reason: I am the author of this document Location:
Date: 2025.11.04 15:29:09+05'30' Foxit PDF Reader Version: 2024.3.0 10 OA No. 1379/2024 entering the 80 years of age. Pursuant to these Rules, OM dated 04.04.2016 came to be issued by Department of Pension & Pension Welfare (supra) in which it is mentioned that from 80 years to less than 85 years, 20% of revised basic pension/family pension shall be paid as AQP and 30% from 85 years to less than 90 years, 40% from 90 years to less than 95 years and so on. The Rule 49 (2A) makes it explicitly clear that AQP will be payable on completion of 80 years of age. Therefore, just because the words "From 80 years to less than 85 years of age" are mentioned, does not indicate that the pension will be payable on stepping into the age of 80 years. The tabular column is nothing more than an indicator or pointer for a quick reference.
13. In the case of Virendra Dutt Gyani (supra), it was held as under:-
"19. Therefore, question for consideration is, whether in the facts and circumstances of the case, petitioner would be entitled to the additional quantum of pension @ 20% of basic pension from 30-07-2015 or from 30- 07-2016 as per the first scale provided under Section 17B of the High Court Judges (Salaries and Conditions of Service) Act, 1954, as amended?Digitally signed by Nicky Kumari
Nicky DN: C=IN, O=Personal, OID.2.5.4.65=
20. To answer this question, it is necessary to examine 5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b4052 97e23829af5a475, PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc6 Kumari 6bbdd397444faa, CN=Nicky Kumari Reason: I am the author of this document Location:
the meaning of the expression "from eighty years" as Date: 2025.11.04 15:29:09+05'30' Foxit PDF Reader Version: 2024.3.0 11 OA No. 1379/2024 appearing in Section 17B. As noticed above, the benefit of additional quantum of pension would be entitled to a retired judge from eighty years to less than eighty five years. What precisely would be the meaning of the expression "from eighty years"?
21. In Collins English Dictionary, the word "from" has been defined to mean indicating the point of departure, source, distance, cause, change of state etc. Mr. Goswami had also argued that the word "from" is used to specify a starting point in spatial movement i.e. to specify starting point in an expression of limits. In Black's Law Dictionary, 6th Edition, the word "from"
has been defined to mean implying a starting point, whether it be of time, place or condition, and having a starting point of motion, noting the point of departure, origin, withdrawal etc. However, it has been explained that the word "from" does not have an absolute and invariable meaning but should receive an inclusion or exclusion construction according to the intention with which such word is used.
22. Therefore, as per the dictionary meaning, the expression "from eighty years" would indicate the starting point of eighty years. However, as a note of caution, it has also been clarified that inclusiveness or exclusiveness associated with the expression would have to be interpreted having regard to the intention for use of such word or expression.
23. Petitioner is right when he says that Section 17B was inserted in the parent Act in the year 2009 to provide some succour to the ageing retired judges. Long back Winston Churchill had said that service rendered by judges demands the highest qualities of learning, training and character. These qualities are not to be measured in terms of pounds, shilling and pence according to the quantity of work done. After rendering such service to the nation, it is the duty of the State to ensure that a retired judge who has entered the autumn of his life is adequately looked after. A retired judge at the fag end of his life has peculiar problems on account of his advanced years and failing health. It is to cater to such a situation that Parliament in its wisdom had amended the Act in the year 2009 by inserting Section 17B entitling every retired judge to additional quantum of pension or in Digitally signed by Nicky Kumari Nicky DN: C=IN, O=Personal, OID.2.5.4.65= 5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b4052 97e23829af5a475, PostalCode=823002, S=Bihar, SERIALNUMBER= case of death, the family to additional quantum of 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc6 Kumari 6bbdd397444faa, CN=Nicky Kumari Reason: I am the author of this document Location:
Date: 2025.11.04 15:29:09+05'30' Foxit PDF Reader Version: 2024.3.0 family pension in the scale mentioned.12 OA No. 1379/2024
24. If this is the object behind insertion of Section 17B, we must adopt such an interpretation which effectuates the object of the provision and which does not frustrate the object.
25. Justice G.P. Singh in his seminal work Principles of Statutory Interpretation dealt with the subject of purposive construction of statutes. According to him, when material words are capable of bearing two or more constructions, the most firmly established rule for construction of such words of all statutes is the rule laid down in Heydon 's case. This rule which is also known as 'purposive construction' or 'mischief rule, requires consideration of four matters while construing an Act-
(1) what was the law before the making of the Act; (1) what was the mischief or defect for which the law did not provide;
(iii) what is the remedy that the Act has provided; and
(iv) what is the reason of the remedy. The rule than directs that the courts must adopt that construction which shall suppress the mischief and advance the remedy.
25.1 In Bengal Immunity Co. -Vs- State of Bihar, AIR 1955 SC 661, Supreme Court succinctly explained the rule holding that it is a sound rule of construction of a statute for the sure and true interpretation of all statutes in general, including beneficial ones. After discerning and considering the four things as noticed above, the court is always to make such construction as shall suppress the mischief and advance the remedy; to suppress subtle inventions and evasions for continuance of the mischief; and to add force and life to the cure and remedy, according to the true intent of the makers of the Act.
25.2. According to Lord Reid, "the word mischief is traditional". He expanded it to include "the facts presumed to be known to Parliament when the Bill which became the Act in question was before it" and "the unsatisfactory state of affairs" disclosed by these facts "which Parliament can properly be supposed to have intended to remedy by the Act".
25.3 As has been observed by the Supreme Court, to Digitally signed by Nicky Kumari Nicky DN: C=IN, O=Personal, OID.2.5.4.65= 5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b4052 97e23829af5a475, PostalCode=823002, S=Bihar, SERIALNUMBER= interpret a statute in a reasonable manner, the Court 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc6 Kumari 6bbdd397444faa, CN=Nicky Kumari Reason: I am the author of this document Location:
Date: 2025.11.04 15:29:09+05'30' Foxit PDF Reader Version: 2024.3.0 must place itself in the chair of a reasonable legislator.13 OA No. 1379/2024
So done, the rules of purposive construction have to be resorted to which would require the construction of the Act in such a manner as to see that the object of the Act is fulfilled.
25.4. In selecting different interpretations, Court would adopt that which is just, reasonable and sensible. A construction that results in hardship, serious inconvenience, injustice, absurdity or anomaly or which leads to inconsistency or uncertainty has to be avoided.
25.5. Of course this rule would have no application when the words are susceptible to only one meaning and no alternative construction is reasonably open."
14. From the reading of these paras, it is clear that in Section 17B of The High Court Judges (Salaries and Conditions of Service) Act, 1954, contained the provision of grant of additional pension from 80 years of age. However, subsequently by notification, explanation to Section 17B came to be added in following terms:-
"Explanation:- For the removal of doubts, it is hereby clarified that any entitlement for additional quantum of pension or family pension shall be, and shall be deemed always to have been, from the first day of the month in which the pensioner or family pensioner completes the age specified in the first column of the scale."
15. This explanation was added by notification dated 18th December, 2021. This explanation makes it clear that enhancement of 20%, 30%, etc. will be available only if the retired judge completes the age of 80 years of 85 years and Digitally signed by Nicky Kumari Nicky above. Therefore, the ratio of judgment in the case of DN: C=IN, O=Personal, OID.2.5.4.65= 5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b4052 97e23829af5a475, PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc6 Kumari 6bbdd397444faa, CN=Nicky Kumari Reason: I am the author of this document Location:
Date: 2025.11.04 15:29:09+05'30' Foxit PDF Reader Version: 2024.3.0 14 OA No. 1379/2024 Virendra Dutt Gyani (supra) cannot be applied to the facts of the case at hand. Sub-rule (2A) of Rule 49 of Pension Rules makes it explicitly clear that the AQP will be payable on completion of 80 years of age. That is the reason, ratio in Virendra Dutt Gyani (supra) case cannot be applied to the facts of the case at hand.
16. The party in person has placed reliance on the case of Dr. K.K. Kaul (supra) in which in para 14, it is held as under:-
"14. Petitioner is in twilight zone of his life span and the date for reckoning 80 years for benefit of additional pension is to be counted from the date when person enters 80 years of age and not when he completes 80 years. In the present case, the date of birth of petitioner is 13th of October, 1931 and therefore, he entered into 80th years of age on 13th of October, 2011, therefore, he is entitled to get the benefit from 13th of October, 2011 whereby respondents have to give additional pension of 20% as per their circular with this date. It is the duty of respondents that considering his age and past services, they shall promptly decide the case and disburse the benefits at an expeditious note preferably within one month from the date of submission of certified copy of this order, so that it may be a case of vindication of his services rendered to society."
17. The applicant contends that if literal interpretation is placed, it would lead to anomalous results. It has to be interpreted that a pensioner is entitled to pension only on Digitally signed by Nicky Kumari Nicky DN: C=IN, O=Personal, OID.2.5.4.65= 5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b4052 97e23829af5a475, PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc6 Kumari 6bbdd397444faa, CN=Nicky Kumari entering the age of 80 years because the pensioners are in Reason: I am the author of this document Location:
Date: 2025.11.04 15:29:09+05'30' Foxit PDF Reader Version: 2024.3.0 15 OA No. 1379/2024 twilight zone of their life. This is the benevolent provision and it has to be interpreted to further the cause of the pensioners. This submission cannot be accepted for the simple reason that Rule 49 (2A) leaves no scope for doubt that the AQP is payable only on completion of 80 years of age and above. Had there been any ambiguity, the submissions of party in person could have been accepted.
However, the language of sub-rule (2A) is clear, unambiguous and it is not capable of more than one interpretation. In the case of The Commissioner Hubballi (supra), Dharwad Bench of Karnataka High Court held thus:-
"13. The intention of the Government is unambiguous as discernable from the meaning of qualifying sentence contained in paragraph No. 1. It spells out in no uncertain terms that pensioners who attain the age of 80 and above shall be entitled for increase in pension. It is no doubt true that in first row in the tabular column, age of pensioner eligible for increment is mentioned as between 80 and 85. In our view, the tabular column is nothing more than an indicator or a pointer for a quick reference. The correct meaning and purport of the G.O. and the benefit accruing therefrom will have to be gathered from the detailed qualifying description and other terms and conditions contained therein.
14. The word 'attain' is attached an inviolable sanctity in service law jurisprudence. The 21st Century Chambers Dictionary defines 'attained' word as "to complete successfully; to accomplish; to achieve".Digitally signed by Nicky Kumari
Nicky DN: C=IN, O=Personal, OID.2.5.4.65= 5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b4052 97e23829af5a475, PostalCode=823002, S=Bihar, SERIALNUMBER=
15. While interpreting Rule 11-B of the Rajasthan State 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc6 Kumari 6bbdd397444faa, CN=Nicky Kumari Reason: I am the author of this document Location:
Date: 2025.11.04 15:29:09+05'30' Foxit PDF Reader Version: 2024.3.0 & Subordinate Service (Direct Recruitment by 16 OA No. 1379/2024 Competitive Examination) Rules, 1962, in the case of Prabhu Dayal Sesma vs State Of Rajasthan & Anr, reported in (1986) 4 SCC 59, the Hon'ble Supreme Court has held as follows.
8. Rule 11-B of the Rules provides:
"11-B. Age. Notwithstanding anything contained regarding age limit in any of the service Rules governing through the agency of the Commission to the posts in the State Service and in the Subordinate Service mentioned in Schedule I and in Schedule II respectively, a candidate for direct recruitment to the posts to be filled in by combined competitive examinations conducted by the Commission under these Rules must have attained the age of 21 years and must not have attained the age of 28 years on the first day of January next following the last date fixed for receipt of application."
9. It is plain upon the language of Rule 11-B that a candidate 'must have attained the age of 21 years and must not have attained the age of 28 years on the first day of January next following the last date fixed for receipt of application. Last day fixed for receipt of application in this case, was January 1, 1983. First day of January next following that day would be January 1, 1984. The object and intent in making r. 11-B was to prescribe the age limits upon which the eligibility of a candidate for direct recruitment to the Rajasthan Administrative Service and other allied services is governed. At first impression, it may seem that a person born on January 2, 1956 would attain 28 years of age only on January 2, 1984 and not on January 1, 1984, But this is not quite accurate. In calculating a person's age, the day of his birth must be counted as a whole day and he attains the specified age on the day preceding, the anniversary of his birth day. We have to apply well accepted rules for computation of time. One such rule is that fractions of a day will be omitted in computing a period of time in years or months in the sense that a fraction of a day will be treated as a full day. A legal day commences at 12 o'clock midnight and continues until the same hour the following night.
Digitally signed by Nicky KumariNicky DN: C=IN, O=Personal, OID.2.5.4.65= 5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b4052 97e23829af5a475, PostalCode=823002, S=Bihar, SERIALNUMBER= There is a popular misconception that a person 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc6 Kumari 6bbdd397444faa, CN=Nicky Kumari Reason: I am the author of this document Location:
Date: 2025.11.04 15:29:09+05'30' Foxit PDF Reader Version: 2024.3.0 does attain a particular age unless and until he has 17 OA No. 1379/2024 completed a given number of years. In the absence of any express provision, it is well-settled that any specified age in law is to be computed as having been attained on the day preceding the anniversary of the birth day.
10. In Halsbury's Laws of England. 3rd edn., vol. 37, para 178 at p. 100, the law was stated thus:
"In computing a period of time, at any rate, when counted in years or months, no regard is generally paid to fractions of a day, in the sense that the period is regarded as complete although it is short to the extent of a fraction of a day... Similarly, in calculating a person's age the day of his birth counts as a whole day; and he attains a specified age on the day next before the anniversary of his birth day."
11. We have come across two English decisions on the point. In Rex v. Scoffin, the question was whether the accused had or had not completed 21 years of age. S. 10(1) of the Criminal Justice Administration Act, 1914 provides that a person might be sent to Borstal if it appears to the court that he is not more than 21 years of age. The accused was born on February 17, 1909. Lord Hewart, CJ held that the accused completed 21 years of age on February 16,1930 and that he was one day more than 21 years of age on February 17, 1930 which was the Commission day of Manchester Assizes.
12. In Re. Shurey, Savory v. Shurey³, the question that arose for decision was this: Does a person attain a specified age in law on the anniversary of his or her birthday, or on the day preceding that anniversary? After reviewing the earlier decisions, Sargant, J. said that law does not take cognizance of part of a day and the consequence is that person attains the age of twenty-one years or of twenty-five years, or any specified age, on the day preceding the anniversary of his twenty-first or twenty- fifth birthday or other birthday, as the case may be.
13. From Halsbury's Laws of England, 4th edn., vol 45, para 1143 at p. 550 it appears that section 9 of Digitally signed by Nicky Kumari Nicky DN: C=IN, O=Personal, OID.2.5.4.65= 5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b4052 97e23829af5a475, PostalCode=823002, S=Bihar, SERIALNUMBER= the Family Law Reforms Act, 1969 has abrogated 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc6 Kumari 6bbdd397444faa, CN=Nicky Kumari Reason: I am the author of this document Location:
Date: 2025.11.04 15:29:09+05'30' Foxit PDF Reader Version: 2024.3.0 18 OA No. 1379/2024 the old common law rule stated in Re. Shurey, Savory v. Shurey.
14. It is in recognition of the difference between how a person's age is legally construed and how it is understood in common parlance. The Legislature has expressly provided in Section 4 of the Indian Majority Act, 1875 that how the age of majority is to be computed. It reads:
"4. Age of majority how computed- In computing the age of any person, the day on which he was born is to be included as a whole day, and he shall be deemed to have attained majority, if he falls within the first paragraph of Section 3, at the beginning of the twenty-first anniversary of that day, and if he falls within the second paragraph of Section 3, at the beginning of the 18th anniversary of that day."
The Section embodies that in computing the age of any person, the day on which he was born is to be included as a whole day and he must be deemed to have attained majority at the beginning of the eighteenth anniversary of that day. As already stated, a legal day commences at 12 o'clock midnight and continues until the same hour the following night. It would therefore appear that the appellant having been born on January 2, 1956, he had not only attained the age of 28 years but also completed the same at 12 o'clock on the midnight of January 1, 1984. On the next day i.e. On January 2, 1984, the appellant would be one day more than 28 years. The learned Judges were therefore right in holding that the appellant was disqualified for direct recruitment to the Rajasthan Administrative Service and as such was not entitled to appear at the examination held by the Rajasthan Public Service Commission in 1983. We affirm the view taken by the learned Judges as also the decisions in G. Vatsala Rani's case! (underlining is by us)
16. The firmness with which the Hon'ble Supreme Court has dealt with the meaning of 'attained' leaves no scope for any liberal construction. The inalienable and sacrosanct position accorded by the Hon'ble Supreme Digitally signed by Nicky Kumari Nicky DN: C=IN, O=Personal, OID.2.5.4.65= 5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b4052 97e23829af5a475, PostalCode=823002, S=Bihar, SERIALNUMBER= Court to the strict interpretation of this word is manifest 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc6 Kumari 6bbdd397444faa, CN=Nicky Kumari Reason: I am the author of this document Location:
Date: 2025.11.04 15:29:09+05'30' Foxit PDF Reader Version: 2024.3.0 19 OA No. 1379/2024 by the following concluding passage of the said judgement.
"It is rather unfortunate that the appellant should upon the construction placed on Rule 11-B of the Rajasthan State and Subordinate Services (Direct Recruitment by Competitive Examination) Rules, 1962 fail to secure entry into the Rajasthan Administrative Service and allied services of the Government of Rajasthan merely because he exceeds the upper age limit just by one day. The Government ought to consider the question of relaxing the upper age limit in the case of the appellant in order to mitigate the hardship, if otherwise permissible. There is need for a provision like the proviso to Rule 4 of the Indian Administrative Service (Appointment by Competitive Examination) Regulations, 1955, conferring the power of relaxation on the State Government under certain conditions without which a deserving candidate would be rendered ineligible for appointment."
18. From this judgement, it is clear that in the absence of any express provision, it is well settled that any specified age in law is to be computed as having been attained on the day preceding the anniversary of the birth day.
Supreme Court has also given the illustration in the case of Prabhu Dayal Sesma vs State of Rajasthan & Anr, (1986) 4 SCC 59 that the appellant having born on January 2, 1956, he had not only attained the age of 28 years but also completed the same at 12 o' clock on the midnight of January 1, 1984. From this judgement, it is clear that Digitally signed by Nicky Kumari Nicky 'attained' means completion of a particular age and not DN: C=IN, O=Personal, OID.2.5.4.65= 5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b4052 97e23829af5a475, PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc6 Kumari 6bbdd397444faa, CN=Nicky Kumari Reason: I am the author of this document Location:
Date: 2025.11.04 15:29:09+05'30' Foxit PDF Reader Version: 2024.3.0 20 OA No. 1379/2024 stepping into that age. From this pronouncement also, it is clear that the applicant will be entitled to enhanced pension only after completing the age of 80 years.
19. I, therefore, do not find any substance in the OA. OA, therefore, stands dismissed with no order as to costs.
20. Pending MAs, if any, stand closed.
(Justice M.G.Sewlikar) Member (J) 'nk' Digitally signed by Nicky Kumari Nicky DN: C=IN, O=Personal, OID.2.5.4.65= 5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b4052 97e23829af5a475, PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc6 Kumari 6bbdd397444faa, CN=Nicky Kumari Reason: I am the author of this document Location:
Date: 2025.11.04 15:29:09+05'30' Foxit PDF Reader Version: 2024.3.0