Supreme Court Urges HC To Give Out-Of-Turn Hearing To 77-Yr Old Cancer Patient Fighting For Retirement Benefits For 9 Yrs

The Supreme Court today asked the Allahabad High Court to grant out-of-turn hearing to a 77-year old man, suffering from cancer, whose plea for pension and post-retiral benefits has been pending for the last 9 years.

A bench of CJI Surya Kant and Justice Joymalya Bagchi passed the order, asking the High Court to consider the petitioner's case on sympathetic basis and accord out-of-turn hearing.

Briefly put, the petitioner is a senior citizen, who rendered services under the State of Uttar Pradesh from 01.06.1970 to 28.05.1985. He subsequently resigned and joined the Gas Authority of India Ltd.

As per claims, on cessation of his services with the state government, he became entitled to pension and post-retiral benefits in terms of the UP Civil Service Regulations, particularly Regulation 418(b). However, the respondent-State denied pensionary benefits citing Regulation 418(a).

In 2017, the petitioner approached the High Court. For early adjudication, he restricted his reliefs to pension and post-retiral benefits for 1970-1985. Although, the matter remained pending without any adjudication on merits. It was allegedly adjourned from time to time on the respondents' request for time to file counter-affidavit.

Subsequently, the counter-affidavit, rejoinder affidavit and supplementary counter-affidavit were filed before the High Court and the matter was shown as pending at final disposal stage. The petitioner sought early listing via applications, but the same did not yield any effective result.

In this backdrop, the petitioner filed the present case, claiming that there has been grave miscarriage of justice. "Pension is not a bounty but a vested right of an employee and forms an integral part of the right to livelihood under Article 21 of the Constitution of India. The prolonged delay in adjudication of the petitioner's claim has resulted in violation of his fundamental rights under Articles 14 and 21 of the Constitution", the plea stated.

Case Title: RAM SHANKER Versus STATE OF UTTAR PRADESH AND ORS., W.P.(C) No. 522/2026