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M. S. SONAK, VALMIKI SA MENEZES
Shashikant K. Usgaokar – Appellant
Versus
Directorate of Accounts – Respondent
JUDGMENT/ORDER
M.S.SONAK, J. - Heard Ms A. Agni, learned Senior Advocate with Ms Jay Sawaikar, learned counsel for the Petitioners and Mr D. Pangam, learned Advocate General with Ms Sulekha Kamat, learned Additional Government Advocate for the Respondents.
2. Rule. The rule is made returnable immediately at the request and with the consent of the learned counsel for the parties.
3. The Petitioners, who superannuated from service on 31/10/1994 as Joint Secretary, Government of Goa and the Chief Electrical Engineer, Government of Goa, seek the following substantive relief by instituting the present petition.
4. Ms Agni learned Senior Advocate for the Petitioners, submits that in terms of the Office Memorandum dt
The court established that pension fixation must comply with the relevant Office Memorandums and rules, affirming that pension is a right and must be calculated based on the correct interpretation of....
The main legal point established in the judgment is the entitlement of retired college teachers to receive revised pension from specific dates as per the statutory provisions and previous court judgm....
The statutory force of rules, impermissibility of creating two classes of pensioners, and the discriminatory nature of the classification were the central legal points established in the judgment.
It is a well settled principle of law that statutory rules cannot be altered or amended by executive orders or circulars or instructions nor can they replace the statutory rules. The rules made under....
Pension is not a bounty but a recompense for long years of service, and the date from which the pensioner shall be entitled to the benefit of revision cannot be arbitrarily determined by the employer....
Pension is a right earned by government servants, and discrimination between pre- and post-2006 retirees in pension fixation is prohibited.
Pension entitlement is governed by existing rules, and any revisions depend on state policy, not individual claims based on service length.
Pre-2006 pension must be 50% of minimum pay in corresponding pay band + grade pay, per 6th CPC resolution; clarificatory OMs quashed.
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