JUDGMENT :

M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 31.10.2017 passed by the High Court of Tripura at Agartala in Writ Petition (C) No. 494 of 2012, by which, the High Court has struck down Rule 3(3) of the Tripura State Civil Services (Revised Pension) Rules, 2009 (hereinafter referred to as the Pension Rules, 2009) and consequently has directed to pay the original writ petitioner the arrears of pension for the period from 01.03.2007 to 31.12.2008, the State of Tripura has preferred the present appeal.

2. The facts leading to the present appeal in a nutshell are as under:-

2.1 That the State of Tripura has enacted/framed the Tripura State Civil Services (Revised Pension) Rules, 2009, issued by the Governor under Article 309 of the Constitution of India. Rule 3(3) of the Pension Rules, 2009 which was under challenge before the High Court, which has been struck down by the High Court by the impugned judgment and order, is as under :-

“3(3) The revised rate of pension within the above limits of minimum and maximum pension shall be computed notionally from 1st January 2006 or, as the case may be, from the date of superannuation/retirem