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A. MUHAMED MUSTAQUE, P. KRISHNA KUMAR
State Of Kerala – Appellant
Versus
P. V. Mohan, S/o. P. V. Shanmughan – Respondent
JUDGMENT :
P.Krishna Kumar, J.
OP(KAT)No.376/2022
As per Annexure A1 Government Order dated 07/05/2011, the Government revised the pension of teachers and professors of various colleges in the State who are receiving the UGC pay scale. It is stipulated in Annexure A1 that the pension in respect of those who retired on or after 01/01/2006 shall be calculated with reference to the revised pay introduced with effect from 01/01/2006 by applying the existing formulae/rules and the present system of computation of pension at 50% of ten months’ average emoluments would continue.
2. Later, as per Annexures A4 letter and A5 order, the Government clarified that, as the UGC scheme does not contain a provision for payment of pension and the Government revised the pension of other state government employees only with effect from 01/07/2009, those who are receiving UGC scale would also get the revised pension only with effect from 01/07/2009. By the impugned order, the Tribunal set aside Annexures A4 and A5, following the law laid down in U.P.Raghavendra Acharya and Others v. State of Karnataka and Others [(2006) 9 SCC 630]. The respondents are retired from the Collegiate Education Department and ar
Pension for UGC scale teachers must be calculated based on revised pay from the date of retirement, not delayed by government policy.
The main legal point established in the judgment is the entitlement of retired college teachers to receive revised pension from specific dates as per the statutory provisions and previous court judgm....
(1) A clarificatory order cannot be permitted to override an order having statutory strength.(2) Pension – Once appellants migrate into Rules guiding other State Government employees, appellants’ ser....
Pension entitlement is governed by existing rules, and any revisions depend on state policy, not individual claims based on service length.
Pension revision requests must be evaluated without arbitrary denial, particularly considering the applicant's circumstances and the applicable legal provisions.
The court established the validity of the State's decision to adopt a cut-off date for pension calculation, considering financial implications and policy decisions.
Pension revisions cannot be denied based on financial constraints or arbitrary classifications based on retirement dates, ensuring equal treatment for all pensioners.
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