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MANINDRA MOHAN SHRIVASTAVA, SHUBHA MEHTA
Retired Chief Engineer Welfare Society of Rajasthan – Appellant
Versus
State of Rajasthan Through Chief Secretary, Government of Rajasthan, Secretariat, Jaipur – Respondent
| Table of Content |
|---|
| 1. petitioner's requests for pension equality. (Para 1 , 2 , 3) |
| 2. background on pension rules and notifications. (Para 4 , 5 , 6) |
| 3. differential treatment of pension scales. (Para 7 , 8 , 9 , 10) |
| 4. procedures for pension calculation. (Para 11 , 12 , 13) |
| 5. arguments against arbitrary cutoff dates. (Para 14 , 15 , 16 , 17 , 18 , 19) |
| 6. legal requirements for pension adjustments. (Para 20 , 21 , 22 , 23) |
| 7. statutory basis for pension calculation. (Para 24 , 25 , 26 , 27 , 28) |
| 8. policy vs. statutory obligations in pension. (Para 29 , 30 , 31 , 32 , 33) |
| 9. court's ruling on equal treatment in pension. (Para 34 , 35 , 36 , 37) |
| 10. amendment effects on pension rules. (Para 38 , 39 , 40 , 41 , 42) |
| 11. court's stance on historical pension adjustments. (Para 43 , 44 , 45 , 46 , 47) |
| 12. clarification on petitioner's grievances. (Para 48 , 49 , 50 , 51) |
| 13. conclusion and dismissal of the petition. (Para 52 , 53) |
ORDER :
Manindra Mohan Shrivastava, C.J.
1. This petition under Article 226 of the Constitution of India has been filed by the petitioners, which is a society of retired Chief Engineers, constituted for their welfare and is registered under the provisions of Societies Act, 1958
Pension entitlement is governed by existing rules, and any revisions depend on state policy, not individual claims based on service length.
The reasonableness of the cut-off date for pension revision and the absence of unreasonableness in the respondent corporation's actions in fixing the cut-off date were the central legal points establ....
The court upheld the government's policy decision to set a cut-off date for extending monetary benefits to retirees, affirming that such classifications are permissible under constitutional provision....
The statutory force of rules, impermissibility of creating two classes of pensioners, and the discriminatory nature of the classification were the central legal points established in the judgment.
It is a well settled principle of law that statutory rules cannot be altered or amended by executive orders or circulars or instructions nor can they replace the statutory rules. The rules made under....
Pension is not a bounty but a recompense for long years of service, and the date from which the pensioner shall be entitled to the benefit of revision cannot be arbitrarily determined by the employer....
Classification for the purpose of grant of revised pension is unreasonable, arbitrary, discriminatory and violative of Article 14 of the Constitution of India
Fixing of a cut-off date for granting of benefits is well within the powers of Government as long as the reasons therefor are not arbitrary and are based on some rational consideration.
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