Heard Mr. M.K. Choudhury, learned senior counsel, appearing for the petitioners. Also heard Mr. S. Barua, learned standing counsel, Finance Department, appearing for the respondent No. 2; Mr. R. Newar, learned State counsel, appearing for the respondent Nos. 1 and 4 and Mr. A. Chetri, and Mr. M.P. Sarma, learned counsel, appearing for the respondent No. 3.

2. The writ petitioner No. 1 is a Committee formed by the officers, employees and teachers of the State Government who retired from service from 2006 onwards at the age of 59 years and from November 2007 at the age of 60 years. The Committee has a strength of about 2,500 members. Initially, the Committee was known as Retired Employees Committee and after registration under the Societies Registration Act, 1860, the Committee is now known as All Assam Retired Officers, Teachers and Employees Committee. The petitioner Nos. 2 and 3 are the President and General Secretary of the Committee, respectively.

3. The grievance, primarily expressed by the writ petitioners, is in relation to the decision of the government to give only notional benefit of enhanced revised pay structure with effect from 01.01.2006 and not the arrears of pension enhanced, death-cum-retirement gratuity, etc., due to revision of pay structure.

4. The Government of Assam had constituted the Assam Pay Commission, 2008 to examine and recommend changes in the pay structure, emoluments and conditions of service of different classes of State Government employees, to examine the existing amenities and facilities relating to death-cum-retirement benefits (DCRG), etc., to suggest re-organisation of existing service with a view to rationalizing the work load and efficiency, etc., to examine and suggest the principles to be followed in granting relief due to increase in the consumer price index to the State Government pensioners and also to examine any other important matters that may be referred to the Commission by the Government. The Commission submitted its Report to the Government on 15.10.2009. To examine the Report of the Assam Pay Commission, 2008 and to concretize the action plan and to submit them to the Government, the Government of Assam had constituted a Committee by a Notification dated 26.10.2009 and the said Committee submitted its Report on 30.11.2009. Thereafter, the Government accepted the major recommendations of the Assam Pay Commission with modifications as suggested by the Committee and other modifications as were considered necessary and accordingly, a notification dated 04.02.2010 was issued. The Government decided to implement the recommendation of the Pay Commission with the modifications as aforesaid with effect from 01.01.2006. The Government at Clause 42 A(i) of the Report under the heading “General Decisions” indicated that no arrear shall be paid to employees who retired during the period from 01.01.2006 to 31.03.2009 and arrear shall be credited to their bank accounts in a single installment after adjustment of interim relief in terms of Clause 42.4 under the heading “General Decision” in respect of employees who retired from 01.04.2009 to 31.01.2010. Subsequently, an Office memorandum dated 01.06.2010 was issued indicating sanction accorded by the Governor of Assam to the regulation/revision of pension/family pension with effect from 01.01.2006 in respect of pensioners/family pensioners in the manner indicated therein.

5. The writ petition was accordingly filed challenging the decision of the Government not to pay arrear pension, DCRG etc. to those who retired between the periods from 01.01.2006 to 31.03.2009. Basically the classification of employees in two groups of retired personnel has given rise to the present dispute.

6. An affidavit was filed by the respondent No. 2 stating that Assam Pay Commission, 2008 had recommended for the revised pay structure to take effect from 01.04.2009 but the revised pay of the employees shall be notionally fixed as on 01.01.2006. Though the pay