NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.2776 OF 2009

BOARD OF APPRENTICESHIP TRAINING (SR) AND ANR.  APPELLANT(S)                                 VERSUS

M. ANBUMANI AND ORS.                         RESPONDENT(S) J U D G M E N T

KURIAN, J. Heard  Mr.  A.N.S.  Nadkarni,  learned  Additional

Solicitor  General  of  India  appearing  for  the appellants  and   Mr.  M.A.  Krishnamoorthy,  learned counsel appearing for respondent No.1. 2. The simple issue arising in this appeal is, as to whether respondent No.1 would be entitled to pension, though he has not opted for that.  It appears, taking note of the peculiar facts and circumstances of the case,  the  High  Court  has  granted  an  order  in  his favour.   As  rightly  pointed  out  by  the  learned Additional Solicitor General of India, pension is not available to a person who has not opted for the same, within the time permitted for the option. 3. However, having regard to the peculiar facts, as disclosed by the High Court in the judgment, we are of the view that this is a fit case where we should exercise our jurisdiction under Article 142 of the Constitution of India and retain the benefits granted to Respondent No.1 by the High Court.  4. Therefore, this appeal is disposed of making it clear that the impugned judgment shall not be treated as a precedent as the same is rendered only on the peculiar  facts  of  the  case  and  it  shall  not  be treated as law for any other purpose.

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5. Pending  applications,  if  any,  shall  stand disposed of. 6. There shall be no orders as to costs.

.......................J.               [KURIAN JOSEPH]  

.......................J.               [R. BANUMATHI]  

NEW DELHI; AUGUST 09, 2017.

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