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IN THE HIGH COURT FOR THE STATE OF TELANGANA
PULLA KARTHIK
T. Yakaiah – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. court's ruling on cut-off date (Para 8 , 9 , 10 , 11 , 12) |
| 2. writ petitions dismissed (Para 13 , 14 , 15 , 16 , 17 , 18) |
ORDER :
Since the lis raised in all these writ petitions is one and the same, they are taken up together, heard and being disposed of by this common order.
3) The main grievance of the petitioners in all these writ petitions is to direct the respondents to implement the recommendations of Pay Revision Commission Report-2020 extending the enhanced gratuity and difference of Earned Leave salary to the petitioners, who retired between 01.07.2018 and 01.04.2020, on par with the pensioners, who are drawing the enhanced gratuity/encashment of earned leave w.e.f.01.04.2020.
4.1 It is further contended that as per para 7 of G.O.Ms.No.55, dated 11.06.2021, the pension of the employees, who retired after 01.07.2018 has to be calculated as per the pay fixed in RPS-2020. Hence, the Government cannot take a dual stand and cannot create two classes/groups of employees in allowing the difference of gratuity and Earned Leave Encashment. It is further submitted that all the petitioners have retired after 01.07.2018 and were drawing pay under 10th PRC. The implement
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....
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....
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.
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....
Classification for the purpose of grant of revised pension is unreasonable, arbitrary, discriminatory and violative of Article 14 of the Constitution of India
(1) Pay Revision – Whilst fixation of cut-off date for grant of benefits cannot be questioned, what is within domain of court, is to examine impact of such fixation and whether it results in discrimi....
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