Back
IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH) AIZAWL BENCH : AIZAWL
NELSON SAILO, J.
Sh. H. Zosiamliana S/o Thanghuta (L) –Appellant
Versus
State of Mizoram & Ors. – Respondents
WP(C) No. 166 of 2019
Decided on : 12-02-2021
Constitution of India - Article 309 - Retired from service – Claim of compensation - In cases, where pension has been finally sanctioned on pre-revised orders and if it happens to be more beneficial than pension becoming due under orders in memorandum pension already sanctioned shall not be revised to the disadvantage of the pensioner in view of Rule 70 of CCS Rules, 1972 petitioners therefore contend that in view of this enabling clause, the gratuity, commutation of pension and leave salary should be revised as entitled to them in view of the fact that they have retired on or making them eligible to get such benefit as per the Revised Pension Schema –
Finding of the Court:
In so far as the Review Petitions referred to by learned Addl. Advocate General, this Court is of the considered view that same cannot be applicable to the present case and much less, binding in nature - This is because parties did not dispute the cut-off-date and it was only a misconception on the part of the petitioners about the date of their retirement - Therefore, the case referred to by the learned State counsel has no application to the present case - Court also find that the concept of no work no pay and future good conduct being a condition for grant of pension as submitted by the learned State counsel to be misplaced - Thus upon due consideration of the case in its entirety, I find the grievances projected by the petitioners to be legitimate and thereby, warranting the interference of this Court. Accordingly impugned Communication are hereby set aside. The State respondents are directed to extend the benefit of the revision of gratuity, commutation and leave salary to the petitioners as per their entitlement under Revision of Pay Rules and the Revised Pension Scheme by granting them the actual monetary benefit from the cut-off date prescribed initiating all necessary steps without delay by keeping in mind fact that petitioners are pensioners –
Result: Petition disposed of
JUDGMENT :
Heard Mrs. Dinari T. Azyu, learned counsel for the petitioners and Mr. C. Zoramchhana, learned Addl. Advocate General, Mizoram for the respondents.
[2.] As many as 1348 petitioners have joined hands in filing the instant writ petition on the ground that they all have a common cause of action against the respondent authorities. The petitioners have retired from service between 01.01.2016 to 30.08.2018 and they are arrayed in the writ petition either in their personal capacity or through their legal representative in respect of those who have expired.
[3.] The case of the petitioners is that the Government of Mizoram in the Finance Department (Pay Research Unit) vide Notification dated 16.08.2018 (Annexure-2) notified the 7th Central Revision of Pay (as modified and extended to employees under the Govt. of Mizoram Rules, 2018. (hereafter referred to as the 7th Revision of Pay Rules for short).
[4.] The 7th Revision of Pay Rules was made in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India read with Article 162 of the same Constitution. Clause-1(2) provides that the Rules will come into force on the first day of January, 2016 and the Pay under the rules shall be notionally fixed w.e.f 01.01.2016 and actual monetary benefits shall be paid w.e.f 01.09.2018.
[5.] Thereafter, the Govt. of Mizoram in the Finance Department (APF Branch) issued O.M dated 13.12.2018 (Annexure-3), in respect of Revised Pension Scheme - 2018 for post 01.01.2016 and for pre 01.01.2016 retirees. The said O.M according to the petitioner has a statutory force, inasmuch as it was issued in the name of the Governor of Mizoram. For the purpose of the present writ petition, we are concerned with post 01.01.2016 retirees. The petitioners’ contend that as per clause 3.2 of the said Office Memorandum where pension/family pension/gratuity/commutation of pension etc. has already been sanctioned in cases occurring on or after 01.01.2016, the same shall be revised in terms of the orders in the Office Memorandum. In cases, where pension has been finally sanctioned on the pre-revised orders and if it happens to be more beneficial than the pension becoming due under the orders in the memorandum, the pension already sanctioned shall not be revised to the disadvantage of the pensioner in view of Rule 70 of the CCS (Pension) Rules, 1972 (Pension Rules). The petitioners therefore contend that in view of this enabling clause, the gratuity, commutation of pension and leave salary should be revised as entitled to them in view of the fact that they have retired on or after 01.01.2016, making them eligible to get such benefit as per the Revised Pension Scheme - 2018
[6.] While the petitioners were expecting revision of their entitlements in respect of gratuity, commutation and leave encashment, the respondent authorities in the Finance Department (APF Branch) came up with the impugned O.M dated 15.01.2019 (Annexure-4) whereby, the revision of gratuity and commutation has been made admissible only for those who retired/died between 01.09.2018 and 13.12.2018. Whereas, in respect of those Government servants who retired/died between 01.01.2016 and 31.03.2018, it was made inapplicable. Being aggrieved, the petitioners submitted their representation before the Secretary to the Govt. of Mizoram, Finance Department on 20.06.2019 (Annexure-5).
[7.] In the said representation, the petitioners sought for recalling the O.M dated 15.01.2019 and to extend them the pensionary benefits in terms of the 7th Revision of Pay Rules by revising their respective entitlements in respect of leave encashment, salary, DCRG/Gratuity, commutation, etc. The State respondents thereafter vide Communication dated 10.07.2019 (Annexure-6) informed the petitioners that the lump sum benefits such as leave encashment, Death cum Retirement Gratuity and commutation being one-time payment, the same cannot be notionally revised in the same manner as monthly pension/family pensi
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
