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MANGESH S. PATIL, NEERAJ P. DHOTE
Association of College and University Superannuated Teachers (Maharashtra) – Appellant
Versus
Union of India, through its Secretary Department of Education, New Delhi – Respondent
JUDGMENT :
MANGESH S. PATIL, J.
1. Heard. Rule. Rule is made returnable forthwith. Learned Additional GP and learned advocate for respondents no. 1 and 4 in both writ petitions waive service. At the joint request of the parties, the matters are heard finally at the stage of admission.
2. By way of these writ petitions, the teachers who are governed by the Maharashtra Civil Services (Pension) Rules, 1982 (Pension Rules) are alleging about discrimination between them who all stood retired between 01-01-1996 and 31-12-2005 on the one hand and teachers who retired prior to 01-01-1996 and who would retire after 01-01-2006.
3. It is being the stand that in order to implement the sixth central pay commission recommendations, the State Government appointed a three member State Pay Revision Committee styled as ‘Hakim Committee’ which inter-alia recommended modification of the pension and the family pension. Pursuant to such report of the committee by issuing a government resolution dated 27-02-2009, the State decided to revise the pension and introduced the modification of Pension Rules as applicable to the state government employees and other employees governed by the Pension Rules. Accordingl
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....
Pension entitlement is governed by existing rules, and any revisions depend on state policy, not individual claims based on service length.
The court established the validity of the State's decision to adopt a cut-off date for pension calculation, considering financial implications and policy decisions.
Classification for the purpose of grant of revised pension is unreasonable, arbitrary, discriminatory and violative of Article 14 of the Constitution of India
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