[PROVISIONAL TRANSLATION FROM PERSIAN]

 

[Translator’s notes appear in square brackets]

[Personal information has been redacted.]

 

[Emblem]

Department of Justice - Islamic Republic of Iran

Court of Administrative Justice

File Number -----

Page ------

Copy ------

Dated -----

Date of inspection 3/4/1369 [24 June 1990],

 

Classified File 153/68/20,

Court Order Number 235

Administered by: Branch 20 of the Court of Administrative Justice

Plaintiff: Mr. Heshmatollah Hakimi Najafabadi, son of Asadollah, resident of Isfahan [redacted]

Respondent: Army Office of Personnel and Retirees

Subject of grievance and claim: Suspension of the plaintiff’s pension and his request for remuneration and benefits

 

Procedural synopsis: the appellant has made an application to the Court of Administrative Justice with [assigned] case number 6629, [date:] 6/8/1368 [28 October 1989]. A second copy of the application and the enclosure were sent to the respondent, and his response has been received. Currently, the branch of the Court of Administrative Justice over which the undersigned and the branch consultant preside, is in session to consider the matter.  Taking into consideration the application, the case documents, and the response of the respondent, and taking account of the opinion of the branch consultant, Mr. [illegible], the hearing has concluded and the verdict is as follows.

 

Court Verdict

Considering that the respondent has submitted a copy of the letter from Administrative Affairs N-M-CH11 with number P/12073/47/13, [date:], 7/3/1369 [28 May 1990], which stated that the reason for the termination of his pension was his not having sought the benefit for over a year, the file was deleted from the computer records in Farvardín of 1361 [March 1982]. Not requesting the pension cannot be a reason to terminate the benefit, unless there has been a judicial decree or the termination is made on legal grounds.  It is noted that pension benefits are not governed by a statute of limitations, as they have accumulated over the course of the employee's service and a pension is an acquired right.  The court has therefore concluded that the pension, including arrears, should be reinstated in the absence of legal or judicial justification for withholding it. The verdict is therefore issued in favour of the applicant and is final. A. B

Head of the Twentieth Branch of the Court of Administrative Justice - Haydari