State cannot be permitted to take benefit of its own wrong: Supreme Court

New Delhi, February 18

The Supreme Court has upheld a Gujarat High Court order directing the state government to pay pensionary benefits to a man who retired after rendering more than 30 years of service.

A bench of Justices M R Shah and B V Nagarathna said the State cannot be permitted to take the benefit of its own wrong.

“To take the services continuously for 30 years and thereafter to contend that an employee who has rendered 30 years continuous service shall not be eligible for pension is nothing but unreasonable,” the bench said.

The top court said as a welfare State, the State ought not to have taken such a stand.

“In the present case, the High Court has not committed any error in directing the State to pay pensionary benefits to the respondent who has retired after rendering more than 30 years service,” the bench said.