Shairei Raleng Retired Registrar vs State Of Nagaland

Headnote Court Copy Facts Arguments Court observation Judicial Analysis Case Map Category Hierarchy Table of Content

2024 Supreme(Gau) 606

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
ROBIN PHUKAN, J.
Shri Shairei Raleng Retired Registrar – Appellant
Versus
The State Of Nagaland – Respondents
WP(C) No. 281 of 2022
Decided on : 10-06-2024

Important Points

Pension is a legal entitlement governed by rules, not at the discretion of the authorities, ensuring that pre-2008 retirees are also entitled to revised pension benefits.

Subject

Public Law - Pension Law

Act Referred

CONSTITUTION OF INDIA: Art.19(1)(f), Art.226, Art.300(a), Art.38(1), Art.39(d), Art.39(e), Art.41, Art.43(3)
NAGALAND SERVICES REVISION OF PAY RULES: R.19, R.19(1), R.19(1)(a), R.19(1)(e), R.19(1)(e)(v), R.19(1)(v), R.8(ii)

Headnote

(A) Constitution of India - Article 226 - Nagaland Services (Revision of Pay) Rules, 2010 - Office Memorandum dated 05/05/2017 - Pension entitlement - Retired Registrar claims revised pension as per Table-20 of ROP Rules, 2010 from 01/04/2010 to 31/12/2017 - Claim denied on ground of applicability of the Rules only for post-2008 pensioners - Petitioner retired in 2005, arguing entitlement to revised pay - Court finds that rightful claim exists under Rule 19 of ROP Rules and related Office Memorandum, emphasizing that pension is a legal entitlement governed by rules, not discretion. (Paras 11, 30, 48)

Findings of Court:
The court ordered re-fixation of the petitioner’s pension at 50% of the revised basic scale of Rs. 54600/- retroactive to the specified dates, underscoring that withholding benefits based solely on administrative decisions was unconstitutional.

Result: Petition allowed with specific directions to implement the revised pension promptly. (Paras 48, 49)

Advocates:
Advocate Appeared:
For the Appellant : Mr. N.K. Luikham.
For the Respondents: Ms. Inaholi, GA, Nagaland, Mr. N. Mozhui, SC, AG.

Table of Content
1. petitioner's claim for revised pension. (Para 1 , 4 , 11)
2. legal background establishing pension entitlement. (Para 2)
3. facts regarding pension revisions and representations. (Para 3 , 5)
4. details of communication surrounding pension adjustments. (Para 6 , 7 , 8)
5. court's review of respondent's arguments. (Para 10 , 12 , 14)
6. comparison of applicable pension rules. (Para 18 , 19)
7. classification of pensioners and implications of financial burden. (Para 20 , 28 , 29)
8. identifying constitutional rights related to pensions. (Para 30)
9. court's affirmation of pension as a right. (Para 39 , 40 , 45)
10. directives for respondents on pension fixation. (Para 48 , 49)

JUDGMENT :

Heard Mr. N.K. Luikham, learned counsel for the petitioner. Also heard Ms. Inaholi, learned Government Advocate, Nagaland for the state respondents No. 1 and 2, and Mr. N. Mozhui, learned Standing Counsel for the Accountant General, Nagaland and the Senior Accounts Officer (ROP cell), respondents No.3 and 4.

2. This petition, under Article 226 of the Constitution of India, is preferred by Shri Shairei Raleng, retired Registrar, Gauhati High Court, Kohima Bench seeking following relief(s) :-

(i) To direct the respondent authority/authorities to implement the Revision of pension of Pre-2008 pensioners as per Table-20 of Annexure-III of the ROP Rules, 2010 and Finance Department’s O.M. dated 05/05/2017.

(ii) To direct the respondent authority/authorities to review and re-fix the pension entitlement of the petitioner to 50% of the revised basic scale of pay of Rs. 54600/- w.e.f. 01/04/2010 to 31/12/2017.

(iii) To direct the respondent authority/ authorities to remit the arrears of pension to the petitioner with admissible interest as applicable to outstanding pension amounts w.e.f. 21/12/2017, till payment is made.

3. The background facts, leading to filing of the present petition, are adumbrated herein below:-

“The petitioner is a pensioner. He retired from service on 28/02/2005, as the Registrar, Gauhati High Court, Kohima Bench. At the time of his retirement his last pay was Rs.31,350/- (Rupees Thirty-one Thousand Three Hundred Fifty Only) in the Scale Pay of Rs.16400-500-20900/-. The petitioner is entitled to revised monthly pension of 50% corresponding to the pre-revised pay scale from which the petitioner had retired in terms of the provisions of Rule-19 (1) (a) (e) (v) of the Nagaland Services (Revision of Pay) Rules, 2010 (hereinafter referred to as the ROP Rules-2010 in short), upon enforcement of the Nagaland Services (Revision of Pay) Rules, 2010 to the pensioners of the State of Nagaland, w.e.f. 01.04.2010.

The petitioner, while retiring as the Registrar, Gauhati High Court, Kohima Bench, on 28/02/2005, was drawing salary at the pre-revised Basic Pay of Rs. 20900/- in the Scale of Pay of Rs. 16400-500-20900/- in the Fitment Table-20 of Annexure-III of the ROP Rules, 2010 and the O.M. dated 05/05/2017. As per the Fitment Table-20 of Annexure- III, the Basic Pay of Rs. 20900/- is revised to Rs.54600/-. Therefore, the petitioner is entitled to 50% of the revised pension of Rs. 54600/-, that is to say, Rs. 27300/- per month w.e.f. 01/04/2010 to 31/12/2017 and not 50% of the minimum Basic Pay of Rs. 16400/- revised to Rs. 49590/-. Thereafter, the Government of Nagaland, Finance Department, Establishment Branch (ROP Cell), vide Office Memorandum No. FIN/ESTT-2/9/ROP/PEN/2016, Dated 20th December, 2017 modified the O.M. dated 05/05/2017, in view of which the revision of the pension/family pension was given effect from 01/04/2010, i.e. the date of implementation of the ROP Rules, 2010.

Thereafter, the petitioner, having not been paid, the revised monthly pension entitled by him, by the respondent authorities, since 01/04/2010 till 31/12/2017, had submitted several representations on 18/01/2021, 08/03/21, 27/03/21, 13/06/2021, 15/07/21 and 23/08/21 to the Principal Accountant General, Nagaland, Kohima for implementation of O.M. dated 05/05/2017,