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MANOJ MISRA, PRASANNA B. VARALE
State of Kerala – Appellant
Versus
M. Vijayakumar – Respondent
| Table of Content |
|---|
| 1. differential rates on da/dr are challenged. (Para 4 , 11 , 12) |
| 2. no rational basis for differential treatment. (Para 8 , 18 , 21 , 26) |
| 3. classification must meet twin tests of article 14. (Para 22 , 24 , 25) |
| 4. appeals dismissed; high court's ruling upheld. (Para 29) |
JUDGMENT :
1. Leave granted.
ISSUE
FACTS
5. The learned Single Judge, vide order dated 14.12.2021, dismissed the writ petitions holding that serving employees and pensioners do not constitute one class, and therefore, different rates of enhancement are permissible.
7. The Division Bench, after considering the submissions, formulated the following question for its consideration:
8. After considering several decisions of this Court, the High Court held as under:
9. Aggrieved by the decision of the Division Bench of the High Court, the State of Kerala and KSRTC have separately filed appeals before us.
SUBMISSIONS ON BEHALF OF THE STATE
SUBMISSIONS ON BEHALF OF KSRTC
DECISIONS CITED ON BEHALF OF APPELLANT(S)
Differential rates of dearness allowance and relief for serving employees and pensioners are discriminatory and violate Article 14 of the Constitution as both are similarly affected by inflation.
Point of law: The phrase “equality before the law” contains declaration of equality of civil rights of all persons within territories of India.
The court affirmed that dearness allowance for pensioners is a statutory right under Rule 20A and cannot be altered by administrative orders, emphasizing the finality of judicial decisions.
The court affirmed that the right to receive Dearness Allowance is legally enforceable under Article 21, linking it to human dignity, and rejected the State's financial incapacity as a valid defense ....
The judgment emphasizes that the classification of pensioners for revised pension must be based on a rational principle with a nexus to the object sought to be achieved, and any arbitrary classificat....
The denial of arrears of Dearness Allowance to contractual teachers performing equal duties as regular teachers violates Articles 14 and 16 of the Constitution, asserting the principle of equal pay f....
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