Public servants cannot claim retrospective benefits from pension schemes introduced after their retirement, as entitlement is governed by the rules in force at the time of retirement.

JUDGMENT

Saurabh Banerjee, J. There is an age-old dispute brewing inter-se the already retired public servants (one set) with those similarly situated public servants who have retired after them (another set) to be treated at par. The present petition is involving one such dispute where we are to adjudge if the two sets are similar when it is relating to pension. Though pension is a reward for the past service rendered by the public servant, it is dependent upon the last drawn pay and the total term of service rendered and the determining factor for calculating pension is the date of retirement and the prevalent rules on such date. Having said so, it is trite law that though pension is not a fundamental right but a retired employee cannot be deprived of his right to pension save and except by authority of any law. Keeping the aforesaid in mind we proceed as hereinbelow.

2. As per the facts of the present petition before us, after joining as L.D.C. in SSB on 14.04.1964 petitioner was promoted as U.D.C. on 01.08.1968. Thereafter, upon merger of all the ministerial posts of the then SSB, ARC, SFF and CIOA into a common cadre with inter-changeable transfers, the Directorate General of Security-Secretariat Service (hereinafter referred "DGS") was constituted on 04.11.1975.

3. As per petitioner, despite promotion as Assistant on 01.12.1975 as he was wrongly reverted to the post of UDC on 23.02.1978, he filed W.P.(C) 4681/1980 titled Bhim Sen Bansal vs Union of India & Ors. before the Hon'ble Supreme Court wherein vide order dated 13.10.1987 his request for voluntary retirement was accepted and he was held entitled to retiral benefits on the footing that he was promoted to the post of Assistant since February, 1975 but he was not held entitled to any other benefit including back wages for the period after 1975 till voluntary retirement became effective. In terms thereof, DGS retired the petitioner under VRS as Assistant w.e.f. 18.01.1988(AN).

4. It was after a gap of almost 18 years post his retirement, the 6th Central Pay Commission (hereinafter referred to as "CPC") with revised pay scale of Assistants in the grade pay of Rs.4,600/- in DGS was introduced w.e.f. 01.01.2006. This prompted petitioner to make representations before various authorities, lastly following it up with a legal notice dated 08.02.2019, which though was not replied to by the DGS, but was replied to by the Directorate General of SSB.

5. The petitioner then filed a petition in C.A.T. seeking appropriate pensionary reliefs as payable to Assistants of DGS, however, had withdrawn it and filed the instant writ petition, inter-alia, seeking the following reliefs:

"i. Direct the Respondents to order payment of pension with grade pay of Rs.4600/- as paid to other assistants of Directorate General of Security Secretariat Service, Cabinet Secretariat;

ii. Direct Respondents to pay all arrears of pension to the petitioner;

iii. Any other suitable orders in favour of petitioner may be passed including order of interest on delayed pension and compensation for mentally torture, in view of illegal actions of Respondents"

6. The case of the petitioner in a nutshell is that he retired from DGS and thus is entitled to pension in the same grade pay as other Assistants who have been paid grade pay of Rs.4,600/- after 6th CPC, more so as his cadre always remained same. In effect, amongst various contentions raised by the petitioner, learned counsel has primarily thrusted upon the contention that even though the petitioner took VRS on 18.01.1988(AN) when the 6th CPC had neither been i