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2023 Supreme(Tri) 11

HIGH COURT OF TRIPURA AGARTALA
T. Amarnath Goud, J.
Rupak Nandi & Ors. - Appellants
Versus
State of Tripura & Ors. - Respondents
Writ Petition (C) No. 897 of 2022
Decided On : 10-02-2023

Advocates appeared:
Samarjit Bhattacharjee, Advocate, D. Bhattacharya, Advocate, K. De, Advocate

The government must review pension representations based on prevailing economic conditions and ensure just responses to citizens' financial challenges.

Headnote:(A) Constitution of India - Article 226 - Writ petition seeking enhancement of monthly pension from Rs.750/- to Rs.10,000/- - Petitioners retired as Home Guards and contended that fixed pension is inadequate due to inflation and has not been revised since inception - Direction issued to the respondents to consider the petitioners' representation dated 15.11.2012 within 3 months. (Paras 2, 4, 6, 7)

(B) Administrative Law - Review and reconsideration - Government is obligated to review representations regarding pension schemes based on prevailing economic conditions and legal mandates. (Para 7)

Facts of the case:
Petitioners retired Home Guards approached the court for enhancement of fixed pension citing economic difficulties. Their fixed pension, established by a 2012 notification, has not been adjusted for inflation since its implementation.

Findings of Court:
Court directed respondents to review the representation regarding pension enhancement legally and promptly, acknowledging the financial struggles of the petitioners.

Issues: The main issue addressed was whether the pension fixed for retired Home Guards is adequate and if the government should revise it based on inflation.

Ratio Decidendi: The court emphasized that the government must evaluate representations concerning pensions in light of legal obligations and current economic realities, ensuring a just response to the petitioners' plight.

Result: Writ petition disposed of with direction to consider representation.

Table of Content
1. petitioners seek enhancement of pension. (Para 2 , 3)
2. pension scheme and financial hardship cited. (Para 4 , 5)
3. contentions of both parties presented. (Para 6)
4. court directs consideration of representation. (Para 7)
5. petition disposed of. (Para 8)

JUDGMENT

1. Heard Mr. Samarjit Bhattacharjee, learned counsel appearing for the petitioners and also heard Mr. D. Bhattacharya, learned Government Advocate assisted by Mr. K. De, learned Additional Government Advocate appearing for the respondents-state.

2. The instant petition has been filed by the petitioners under Article 226 of the Constitution of India seeking for a direction to the respondents to enhance monthly pension of the petitioners from Rs.750/-to Rs.10,000/-.

3. The petitioners have prayed for the following reliefs :

'(a) Issue Rule upon the respondents to show cause as to why a writ in the nature of Mandamus and/or any other order/orders shall not be issued whereby directing the respondents to enhance monthly pension of the petitioners from Rs.750 to Rs.10,000/- per month;

AND

(b) Call for the records pertaining to the instant writ petition from the custody of the respondents and to make the rule absolute;

AND

(c) After hearing both the parties pass order/orders as this Hon'ble High Court considered fit and proper.'

4. Brief facts leading to this case are that the petitioners retired from service as Home Guards on attaining the age of superannuation. Vide notification dated 15.11.2012 issued by the Deputy Secretary, Government of Tripura, Home Department, a pension scheme for providing pension to the retired Home Guards were notified. As per the said scheme, the rate of pension of the petitioners was fixed at Rs.750/-per month. The case of the petitioners is that the pension scheme was introduced for the first time and came into force with effect from 01.12.2012 and with such meager amount of pension they are unable to run their livelihood.

5. The petitioners submitted representation dated 17.08.2022 to the Secretary, Home Department, Government of Tripura seeking enhancement of the monthly pension from Rs.750/- to Rs.10,000/-. In their representation they have stated that the monthly pension fixed at Rs.750/- vide notification dated 15.11.2012 has not been revised or enhanced since 15.11.2012 and the monthly pension fixed at Rs.750/- per month is not adequate considering the increased prices of all essential commodities.

6. Mr. Samarjit Bhattacharjee, learned counsel for the petitioner contends that the petitioners are unable to run their livelihood with such meager amount of pension and also they have submitted representation dated 15.11.2012 citing their grievances before the Secretary, Home Department, Government of Tripura without any avail. Accordingly, he prays for enhancement of the pension from Rs.750/- to Rs.10,000/-. On the other hand, Mr. D. Bhattacharya, learned Government Advocate assisted by Mr. K. De, learned Addl. G.A. fairly submitted to consider the case, in accordance with law.

7. After hearing the learned counsel for the respective parties, the instant writ petition is disposed of directing the respondents to consider the representation of the petitioners dated 15.11.2012, in accordance with law, preferably within a period of 3(three) months from the date of receipt of the copy of this order.

8. With the above observation, the petition is disposed of.

Pending application(s), if any, also stands disposed of.

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