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2017 Supreme(Gau) 1462
IN THE HIGH COURT OF GAUHATI AT AIZAWL BENCH
M.R.PATHAK, J.
R. Lalthlamuana @ R.L.T. Muana and Ors - Petitioners
Versus
State of Mizoram and Ors - Respondents
WP(C) No. 51 of 2016
Decided On : 22-09-2017
Advocate Appeared:
For the Petitioner: Mr. Joseph L. Renthlei
For the Respondent: Mr. Rosangzuala Ralte
Headnote:
Constitution of India, 1950 - Articles 162, 309, 14, 21 and 300A - Retire Pension - State Government brought into said Rules in to force day with observation that pay under said Rules shall be fixed notionally whereas actual monetary benefits shall be paid only clarifying that arrears of pay and allowances shall be impounded into GPF accounts of employees in Groups ‘A’ ‘B’ and ‘C’ categories and regarding Group ‘D’ employees including employees retiring within three months from date of issue of said Notification and those employees not eligible to subscribed to GPF shall be paid in cash - Linkage of full pension with years of qualifying service shall be dispensed with once a Government servant has rendered minimum qualifying service of twenty years pension shall be paid of emolument or average emoluments received during last months whichever is more beneficial to him - Held, It is settled by honble Supreme Court that pension is neither a bounty nor a matter of grace and is also not a gratuity payment but it is a payment for past service rendered and a social welfare measure to render socio-economic justice to those employees who in prime time of their life toiled for employer on an assurance that they would not be left in lurch in their old age - In present case by aforesaid Rules State respondents in one side paid revised and enhanced scale of pay and allowances to its employees whereas on other hand deprived its employees from revised and enhanced retirement benefits to those who have retired that too on ground of financial constraints in State but at same time granted enhanced and revised pensionary benefits to its employees who have retired after - By such action State respondents have tried to approbate and re-probate at same time and it cannot blow hot and cold at same breath said action of State respondents is in clear violation where pensioners of State are treated differently without any reasonable and justifiable grounds - Petition stands allowed.
1. Heard Mr. Joseph L. Renthlei, learned counsel for the petitioners and Mr. Rosangzuala Ralte, learned Government advocate for the State respondent Nos. 1 to 5.
2. The fact of the case is that the Government of India revised the pay and allowances of its employees' w.e.f. 1.1.2016 and the said Revision of Pay (‘ROP’) is known as Sixth Central Pay Revision. The Government of Mizoram also decided to follow the said Central Sixth Pay Revision for its employees for its implementation the State Government in the Finance Department (Pay Research Unit) vide No. G.12017/2/2008-FIN (PRU)/A dated 6.8.2010 issued a Notification in exercise of the powers conferred by the proviso to article 309 read with article 162 of the Constitution of India and thereby framed the Mizoram (Revision of Pay) Rules, 2010. The State Government brought into said 2010 Rules, in to the force w.e.f. 1st day of January, 2006 with the observation that the pay under the said 2010 Rules shall be fixed notionally w.e.f. 1.1.2006 whereas the actual monetary benefits shall be paid w.e.f. 1.1.2009 only, clarifying that the arrears of pay and allowances from 1.1.2009 to 31.7.2010 shall be impounded into the GPF accounts of the employees in Groups ‘A’, ‘B’ and ‘C’ categories and regarding Group ‘D’ employees including the employees retiring within three months from the date of issue of the said Notification (dated 6.8.2010) and those employees not eligible to subscribed to GPF shall be paid in cash.
3. Subsequent to that, the Finance Department (APF Branch) of the State vide No. G.17011/4/2010-F.APF/54 dated 27.10.2010 issued an Office Memorandum (O.M., in short) introducing Revised Pension Scheme for post-1.1.2006 Retirees. The Government of Mizoram in the Finance Department in the name of implementing the Mizoram (ROP) Rules, 2010, by the said O.M. dated 27.10.2010, introduced revisions and modifications in the Rules regulating Pension, Retirement/Death/Services/Gratuity commutation of Pension/Family Pension/Disability Pension/Ex-Gratia lump-sum compensation under the Central Civil Services (CCS) (Pension) Rules, 1972 and Commutation of Pension under CCS (Commutation of Pension) Rules, 1981 and also CCS (Extraordinary Pension) Rules, 1939 observing that the said O.M. dated 27.10.2010 shall apply to the Mizoram Government Employees governed by CCS (Pension) Rules, 1972.
4. In the said O.M. dated 27.10.2010, the State Government in the Finance Department at Clauses 5.1 to 5.7 specified about Pension and amongst others, its provisions reads as follows-
Pension
5.1 A Government servant retiring in accordance with the provisions of the CCS (Pension) Rules, 1972 before completing qualifying service of ten years shall not be entitled to pension but he shall continue to be entitled to service gratuity in terms of rule 49(1) of the CCS (Pension) Rules, 1972.
5.2 Linkage of full pension with 33 years of qualifying service shall be dispensed with. Once a Government servant has rendered the minimum qualifying service of twenty years, pension shall be paid at 50% of the emolument or average emoluments received during the last 10 months, whichever is more beneficial to him.
5.3 In cases where Government servant becomes entitled to pension on completion of qualifying service in accordance with rule 49(2) of the CCS (Pension) Rules, 1972, Pension in those cases shall also be paid at 50% of the emoluments or average emoluments. Whichever is more beneficial to the Government servant.
5.4 The revised provisions for calculation of pension in para 5.2 and para 5.3 above shall come into force with effect from the date of issue of this O.M. and shall be applicable to Government servants retiring on or after that date. The Government servants who have retired on or after 1.1.2006 but before the date of issue of this O.M. will continue to be governed by the Rules/orders which were in force immediately before coming into effect these orders.
5.5 The amount of pension shall be subject to a min
