Entitlement to retirement benefits must include previously appointed employees despite the introduction of a new pension scheme.

JUDGMENT

The petitioners have been appointed in the 2^nd respondent University under a special scheme formulated by the Central Government as evidenced by Ext.P1 order dated 20.06.1970 for the purpose of carrying out a Comprehensive Scheme for Studying the Cost of Cultivation of Principal Crops in India. A reading of Ext.P1 would also show that though the appointments are to be carried out in the University, there where no financial implication for the University since the salary and other benefits were being extended on the basis of “grant-in-aid” to be extended by the Central Government, who issued the order at Ext.P1. There were certain disputes as regards the eligibility of the petitioners and similarly placed persons for the benefits like retirement benefits after having put in service in the University. Such a dispute arose essentially because the order at Ext.P1 did not visualize the extension of retirement benefits to similarly placed persons like the petitioners. Taking note of the predicament of the persons like the petitioners herein, the University issued an order at Ext.P3 dated 07.03.1995, in principle deciding to extend “all service benefits enjoyed by the regular staff of the University” to the persons like the petitioners herein “without any financial commitment on the part of the University”. This Court had also an occasion to consider the impact of the afore Government Order qua the claim noticed as above in Ext.P10 judgment in W.P.(C) No.10447 of 2014 dated 08.06.2018. This Court in paragraph 5, recorded the rival contentions and in paragraph 6, noticed that the point ultimately to be decided is as to who is to bear the financial burden with respect to the afore. Thereafter, this Court has categorically issued the following declarations:-

“16. Accordingly, it is declared that the petitioners, who are the employees of the 3^rd respondent-Centre are entitled to the pensionary benefits as available to the employees of the regular staff members of the 2^nd respondent-University of Kerala. The 1^st respondent Union of India is directed to give necessary financial resources by making necessary budgetary allocations for ensuring that R-2 University gets finances for payment of pensionary benefits to the petitioners. R-1 Union of India is directed to ensure that well before the expiry of this financial year, 2018-2019, necessary financial resources as per the Business Rules are transferred to the 2^nd respondent-University of Kerala so that pensionary benefits could be granted to the petitioners. It is also brought to the notice that some of the petitioners are still serving employees and others have retired from service. It is brought to the notice of this Court that petitioners 39 & 40 are widows of the deceased employees concerned, who had retired from service. The 2^nd respondent shall send specific concrete proposals for meeting the pensionary liabilities of each of the petitioners, who have retired from service and disburse the pensionary benefits as directed herein. Request may be made for providing financial resources to meet such entire pensionary liabilities. This shall be done by the 2nd respondent within a period of 6 weeks from the date of receipt of a certified copy of this judgment. After receipt of such proposal, the competent authority of the 1^st respondent-Central Government/Union of India will ensure that financial resources are provided to the 2^nd respondent-University to ensure that entire pensionary liabilities in that regard could be paid to the petitioners concerned and action in this regard in providing financial resources should be duly completed by the 1^st respondent - Union of India within 5 mon