C.A.V. Order

Sanjay K. Agrawal, J.

For sake of exposition, this Order is divided in following parts:-

Writ Petition

1. Invoking the extraordinary writ jurisdiction of this Court under Article 226/227 of the Constitution of India, the petitioner herein, who stood retired as Chairman of the Chhattisgarh Public Service Commission, has filed this writ petition seeking quashment of the order dated 13-8-2021 (Annexure P-19) and also sought a writ of mandamus directing respondent No.1/rule-making authority for rectifying/amending the date of enforcement of the notification dated 5-12-2020 (Annexure P-9) by which such notification has been brought into force with effect from 1-4-2018.

Quintessential Facts

2. The petitioner herein was serving as Principal Secretary to the Government of Chhattisgarh and stood superannuated from the said post with effect from 31-1-2015 and his pension at the time of retirement was fixed at ₹ 11,59,800/- per annum. After being retired from the said post, the petitioner was requested to serve as Member of the Chhattisgarh Public Service Commission which he accepted as per the Chhattisgarh Public Service Commission (Conditions of Service) Regulations, 2001 (for short, ‘the Regulations of 2001’) promulgated in accordance with Article 318(a) of the Constitution of India by the State Government i.e. the rule making authority, which the petitioner joined on 7-3-2015, thereafter, he was appointed as Chairman of the Chhattisgarh PSC by order dated 12-6-2015. As Member of the Chhattisgarh PSC, the petitioner also submitted an option under Regulation 8(1) of the Regulations of 2001 for getting pension and other retirement benefits under the rules applicable to service to which he was appointed. The petitioner on attaining the age of 62 years, stood superannuated from the services of the Chairman, Chhattisgarh PSC with effect from 16-1-2017.

3. On 19-5-2017, the Chhattisgarh Pay Revision Rules, 2017 were notified which were made effective from 1-1-2016. These Rules were made applicable to all Government servants except contractual employees. After the revision of pay, the Chhattisgarh PSC recommended amendment in the Regulations of 2001 and while recommending amendment, the PSC recommended ₹ 13,50,000/- per annum as the maximum limit for pension after introduction of the 7th Pay Commission, which was only ₹ 4,80,000/- prior to that. Acting upon such recommendation, the Government of Chhattisgarh introduced amendment in the Regulations of 2001, dated 5-12-2020 which was made effective from 1-4-2018 (Annexure P-9). As per the amended Regulation 8(3), the maximum pension payable to Chairman, PSC was increased to ₹ 13,50,000/- per annum with effect from 1-4-2018.

4. The petitioner made representation on 2-8-2021 stating that one Mr. Bhaskar Choubey, who had retired from Government service in the year 2020 and had joined Madhya Pradesh Public Service commission, had been granted the benefit of regulation 8(2) of the Regulations of 2001 and his pension was calculated as ₹ 1,12,500/- per month, whereas on exercise of option under Regulation 8(1), the petitioner herein was being granted pension of ₹ 96,650/- per month and therefore the petitioner may also be granted pension of ₹ 1,12,500/- per month. The representation preferred by the petitioner was rejected vide order dated 13-8-2021 (Annexure P-19) which he has challenged by filing the instant writ petition as being arbitrary, discriminatory and passed against the rules and regulations and violates Arti