The Supreme Court has imposed a fine of Rs 5 lakh on the Tamil Nadu government for filing an “unnecessary” appeal despite the issue being already decided by the top court.
A bench of Justices MR Shah and Krishna Murari asked the state to deposit Rs five lakh within a period of four weeks from September 19 (when the order was passed) with the Registry of the Supreme Court. “At the outset, it is required to be noted that as such, the State ought not to have filed the present special leave petition.”Despite the fact that the issue concerning the respondent’s entitlement to pension was resolved up to this Court, the State had the audacity to contend that the respondent was not entitled to pension,” the bench wrote in its order.
The bench said the deposited amount should be transferred to the Mediation and Conciliation Project Committee, Supreme Court of India.
“Once the issue was decided up to this court that the respondent is entitled to the pension, it was not open for the State to contend again post-2009 when the arrears were to be paid that the respondent is not entitled to a pension,” it went on to say. The aforesaid stand is just in defiance of the order passed by this Court. In that view of the matter, there is no substance in the present special leave petition, which deserves to be dismissed and is accordingly dismissed with an exemplary cost, which is quantified at Rs five lakh.
The issue related to the pensionary entitlement of an employee working as a conductor in the Tamil Nadu Transport Department. The apex court had earlier confirmed his pensionary entitlement. However, at the time of disbursing the arrears, the state took up a plea that the employee was not entitled to the pension.
The Madras High Court had, in February 2022, rejected the state’s stand. Challenging the High Court order, the state government had approached the top court.