The court established that pension rights for public servants are constitutional and must adhere to applicable rules, fixed properly without arbitrary reductions by state authorities.

JUDGMENT :

(Suman Shyam, J.)

Heard Ms. V. Sukhrie, learned Addl. Advocate General, Nagaland appearing for the appellants. Also heard Mr. N.K. Luikham, learned counsel appearing for the respondent No. 1/ writ petitioner (hereinafter referred to as respondent No. 1). Mr. N. Mozhui, learned counsel has appeared on behalf of respondent Nos. 2 and 3.

2. This intra-court appeal filed by the State of Nagaland represented by the Chief Secretary to the Govt. of Nagaland as the appellant No. 1 and the Commissioner & Secretary to the Govt. of Nagaland, Finance Department, Establishment Branch (ROP Cell), Nagaland as appellant No. 2, is directed against the judgment and order dated 10-06-2024 passed by the learned Single Judge in W.P.(C) No. 281/2022 instituted by the respondent No. 1 as writ petitioner, whereby a direction has been issued to the respondent Nos. 2 and 3 to re-fix the pension of the respondent No. 1 at 50% of the revised basic pay scale of Rs. 54,600/- corresponding to pre-revised pay scale from which the writ petitioner had retired from service, within a period of 03 months from the date of production of the certified copy of the judgment and order failing which, the amount found due and payable shall carry interest @ 9% per annum till realization.

3. The facts of the case, lie in a narrow campus and therefore, are being briefly stated hereinbelow as follows:-

The respondent No. 1 had retired from service on attaining the age of superannuation w.e.f. 28-02-2005 from the post of Registrar, Gauhati High Court, Kohima Bench. At the time of his retirement the respondent No. 1 was placed in the scale of pay of Rs. 16400-500-20900 and he was drawing the apex level of that scale at Rs. 20,900/-. His last drawn salary being Rs.31,350/-.

4. The Nagaland Services (ROP) Rules, 2010 (hereinafter referred to as the ”ROP Rules, 2010”) were framed by the Govt. of Nagaland, which was originally given effect from 01-06-2008. Consequently, the decision of the Govt. of Nagaland to adopt the decision of the Govt. of India as regards revision of pension, family pension of pre-2008 pensioners/ family pensioners were also notified by the Govt. of Nagaland, Finance Department, Establishment Branch (ROP Cell) by issuing Office Memorandum dated 05-05-2017 whereby, entitlement of the pre 01-06-2008 pensioners/ family pensioners for revised pension were laid down. In the OM dated 05-05-2017, it was mentioned that the effective date for implementation of the Govt. decision shall be w.e.f. 01-06-2013 and there shall be no change in the amount of revised pension/ family pension paid during the period from 01-06-2008 to 31-05-2013 and therefore, no arrear will be payable on account of those years.

5. Thereafter, on 20-12-2017 the Govt. of Nagaland in the Finance Department, Establishment Branch (ROP Cell), had issued another OM altering the date of implementation of the revised pension/ family pension w.e.f. 01-04-2010, i.e. the date of implementation of the ROP Rules, 2010. A ready reckoner, indicating the minimum pension/ family pension for the pre 01-06-2008 pensioners/ family pensioners was also annexed to the OM dated 20-12-2017 as Annexure-I.

6. As per Annexure-I (ready reckoner) to the OM dated 20-12-2017, which was made applicable to pre 01-06-2008 pensioners/ family pensioners, the post/ grade and pay scale w.e.f. 01-06-1998 for Rs. 16400- 500-20900 would correspond to pay band/ scale of Rs. 37400-67000 with grade pay of Rs. 9000/-. The said Annexure-I had further laid down that minimum of pay