2007 Supreme(Mad) 3843
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE K. CHANDRU
R. Kannan & Others
Versus
Tamil Nadu Electricity Board, Rep. by its Board of Directors, No. 800 Anna Salai, Chennai – 2
W.P.No.33476 of 2006
Decided On : 28-11-2007
For the Petitioners:Balan Haridass, Advocate. For the Respondent:
M. Vaidyanathan, Advocate.
The impugned administrative decision should not be interfered with unless found to be unreasonable, unjust, and prejudicial to a section of employees, and taken in ignorance of material and relevant factors.
Headnote:
Pension Revision - Tamil Nadu Electricity Board - Nil - The court discussed the impugned Board proceedings dated 111. 2005, which granted a special concession to pensioners who retired from the service of the Board during 012. 2000 to 30.11.2002. The petitioners challenged the proceedings, arguing that the cut-off date for revision of wages was arbitrary and resulted in unequal treatment, violating Article 14 of the Constitution of India. The respondent Board contended that the cut-off date was a policy decision agreed upon by all unions and was not arbitrary. The court referred to various Supreme Court decisions to analyze the issue of pension revision and parity, ultimately dismissing the writ petition.
Fact of the Case:
The petitioners, retired employees of the Tamil Nadu Electricity Board, challenged the proceedings of the Board dated 111. 2005, which failed to provide fitment benefit and service weightage, and set a cut-off date for pension revision at 012. 2002.
Finding of the Court:
The court found that the impugned order granting a special concession to pensioners was not arbitrary and did not violate Article 14 of the Constitution of India. The court dismissed the writ petition.
Issues: The main issue was the validity of the cut-off date for pension revision and whether it resulted in unequal treatment of pensioners, violating Article 14 of the Constitution of India.
Ratio Decidendi: The court relied on various Supreme Court decisions to analyze the issue of pension revision and parity, ultimately finding that the impugned order did not amount to hostile discrimination against the petitioners.
Final Decision: The writ petition was dismissed by the court.
I have heard the arguments of Mr. Balan Haridass, learned counsel appearing for the petitioner and Mr. M.Vaidyanathan, learned counsel appearing for the second respondent and have perused the records.
2. The ten petitioners were all retired from service after holding various posts as found in paragraph 4 of the affidavit somewhere between 33. 2001 and 37. 2002. In this petition, the petitioners are challenging the proceedings of the respondent Tamil Nadu Electricity Board [for short, Board] made in (Per) B.P. (FB) No. 58 (Secretariat Branch) dated 111. 2005 insofar as it fails to give fitment benefit and service weightage and for a direction to the respondent to revise the salary / wages of the petitioners with effect from 012. 2000 by giving fitment benefit and service weightage and arrive at the pension of the petitioners based on their revised salary / wages on the date of retirement, pay the arrears as given to persons who retired from 012. 2002 onwards.
3. The proceedings of the Board dated 111. 2005 were issued in the context where the wage revision was effected with effect from 012. 2002. It was stated in the earlier Board proceedings dated 110. 2005 that though the revision of wages was due from 012. 2000, the wages would be revised only from 012. 2002 and for the intervening period from 012. 2000 to 30.11.2002, a consolidated amount of Rs.2400/- was to be paid at the rate of Rs.100/- per month. It was also ordered that in respect of the employees, who retired / resigned / expired between 012. 2000 and 30.11.2002, a consolidated amount would be paid proportionately. Thereafter, the Board received representations from employees, who retired between 012. 2000 and 30.11.2002 for increased pension and retirement benefits as the revision of wages was due in their cases also from 012. 2000. But they were not covered by the orders of revision of wages which was given effect to from 012. 2002. Considering their representations, the Board issued the order dated 111. 2005, which is impugned in this writ petition and the following passage found in the impugned order is extracted below:
“.... The Tamil Nadu Electricity Board has examined the representations and has decided to allow a special concession to the pensioners who retired from the service of the Board during 012. 2000 to 30.11.2002. Accordingly, the following orders are issued:-
1) The pension of the employees who retired / voluntarily retired / died while in service and eligible for family pension during the period from 012. 2000 to 30.11.2002 be increased in the following manner:
a) The pay last drawn by them may be increased by 6% subject to a minimum increase of Rs.600/- in the total of pay and Dearness Allowance drawn on the date of retirement and thus increase in the basic pay on the date of retirement or voluntary retirement or on the date of death shall be found out. This increased amount should be treated as personal pay.
b) The pay + personal pay so found out shall be taken for the purpose of calculation of pension. The increased pension shall be arrived in such a way that the increase in pension including Dearness Allowance on the said date of increase will be not less than Rs.300/- and not more than Rs.1000/-. The increase will be reduced proportionately in the case of persons having lesser qualifying service. The increase in pension shall be shown separately as personal pension. The personal pension shall be taken into account for allowing Dearness Allowance.
2) The increase in pension shall be given effect to from 012. 2002.”
.4. Admittedly, the petitioners had the benefit of the concession shown by the Board. But, on the contrary, the petitioners contended that by this process, the petitioners are bound to lose lot of money. Instead of revising their wages which was drawn earlier, the respondent Board is only giving some adhoc increase of 6% subject to a minimum of Rs.600/- in the total pay by which the employees will be getting pension not l