The court ruled that pension for retired Home Guards is a welfare scheme, not a statutory entitlement, limiting judicial intervention in pension increases.

JUDGMENT :

T. AMARNATH GOUD, J.

Heard Mr. P. Roy Barman, learned senior counsel assisted by Mr. S. Bhattacharjee, learned counsel appearing for the petitioners. Also heard Mr. SM Chakraborty, learned Advocate General assisted by Mr. D. Sarma, learned Addl. GA appearing for the respondents-State.

[2] The brief facts of the case is that, the petitioners are retired Home Guards. The petitioners are getting only Rs. 2500/- as monthly pension. In this instant writ petition the petitioners seek necessary direction upon the respondents to enhance the monthly pension of the petitioners from Rs. 2500/- to Rs.10,000/- per month. During last decade the purchasing power of rupees has suffered tremendous erosion. After retirement, the petitioners are also entitled to decent pension and they are also entitled to live in dignity. As a senior citizens, the petitioners are entitled to be not treated with cruelty and the State has responsibility and obligation to ensure, that, the petitioners who served the Nation and the State as Home-Guard before their retirement, do not suffer destitution and deprivation due to meagre pension which presently they are getting.

[3] The petitioners herein sought for the following reliefs by filing this instant writ petition :-

“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 2,500 to Rs 10,000/-per months.

b. 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 modifying the Notification, dated, 16.01.2023, issued by the Deputy Secretary, Govt. of Tripura, Home Department, by enhancing monthly pension in respect of retired Home Guard Volunteers under the Home Department, Govt. of Tripura, from Rs 2500/- to Rs 10,000/- per month.

c. 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 quashing the Memo, dated, 31.05.2024, issued by the Under Secretary to the Govt. of Tripura, Home Department.

AND

Call for the records pertaining to the instant Writ Petition from the custody of the Respondents and to make the rule absolute.”

[4] Mr. P Roy Barman, learned senior counsel submits before this Court that the petitioners are the retired Home Guards. By a Notification dated 15.11.2012, issued by the Deputy Secretary, Govt. of Tripura, Home Department formulated a pension scheme for providing pension to the retired Home Guards. As per the said scheme the eligible Home Guards should be entitled to Rs. 750/- per month as monthly pension. After retirement the petitioners had been provided pension under the aforesaid scheme upto 30.11.2022. Thereafter, monthly pension of the petitioners has been enhanced to Rs. 2500/- per month. Since, 01.12.2022, there has been no revision of monthly pension but, in the meantime the cost of living has risen tremendously.

[5] He also submits that the petitioners submitted several representation before the concerned respondents for enhancing their monthly pension to Rs. 10,000/- per month for better living standards as the present pension scheme fails to meet with their basic requirement. Thereafter, finding no alternative the petitioners filed writ petition vide No.W.P(C) No. 897 of 2022 wherein the Hon’ble Court by an order dated 10.02.2023 directed the concerned respondents to consider the representation of the petitioners in accordance with law within a period of 3 months from the date of receipt of the copy of this order. He further submits that during the pendency of this writ petition the Deputy Secretary, Govt. of Tripura, Home Department, by a notification dated 16.01.2023, conveyed the decision of the Govt. that the monthly pension of the petitioners has already been enhanced from Rs.750/- to 2500/- per month. Thereafter, in compli