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2026 Supreme(Online)(Ker) 11449
IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. NAGARESH, J
P T ABDURAZAK – Appellant
Versus
KERALA STATE WAQF BOARD – Respondent
WP(C) NO. 3581 OF 2026
For the Appellants/Petitioners: SRI.VINOD JABAR, SMT.ALEENA JOHNY, SRI.ANSHA A., SMT.ELEZABETH SUNNY
For the Respondents: SHRI.JAMSHEED HAFIZ
Discrimination against retired employees in pension benefits violates constitutional rights; eligibility for pay revision includes pensioners.
Headnote:Statute Analysis: The relevant provisions are found in the KSR PART III pertaining to pension benefits. Facts of the Case: The petitioner retired on 30.06.2008 and has not received revised pension benefits as per the government's 11th Pay Revision dated 24.02.2025, despite being eligible since 01.07.2019.
Findings of Court:
The petitioner was discriminated against, and the case is aligned with prior judgment in W.P.
(C) No.25833 of 2025.
Issues: The court identified the main issue as whether the petitioner was entitled to the revised pension benefits.
Ratio Decidendi: The court emphasized that all eligible employees and pensioners should receive the Pay Revision benefits, as indicated by prior rulings.
Result: The petition is disposed of directing the revision to be granted upon the petitioner executing a bond within specified time.
| Table of Content |
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| 1. retired employees alleging discrimination in pension benefits based on unequal pay revision treatment. (Para 1 , 2 , 3 , 4 , 5) |
| 2. court references prior ruling reaffirming pension rights for retirees. (Para 6 , 7) |
J U D G M E N T
Dated this the 16th day of February, 2026 The petitioner, who retired from service on
30.06.2008 on superannuation, from the office of the 1st respondent after 27 years of service, was eligible for monthly pension from 01.03.2018 when pension benefits were made applicable to the employees of the 1st respondent as per KSR PART III . He was receiving an amount of ₹22,742/- as pension accordingly.
2. When the Government of Kerala implemented the 11th Pay Revision in the State for its employees, the respondents also adopted the same by a decision dated 24.02.2025 and implemented the revised pay to its employees with effect from March, 2025. Arrears of salary from 01.07.2019 were also paid to serving employees while pay and pension of eight retired employees were re-fixed accordingly, as if they were in service as on 01.07.2019.
3. However, pension of employees who retired from the service prior to 01.07.2019 were not re-fixed for no reasons, even though the 1st respondent on 15.10.2025 decided to revise their pension. Despite many requests made by the petitioner to pay the revised pension as per 11th Pay Revision, nothing has been done by the respondents which amounts to discrimination and violation of Articles 14 and 21 of the Constitution of India.
4. The petitioner is eligible for an amount of ₹33,367/- with effect from 01.07.2019 as monthly pension. However, he has been paid only ₹30,548/- till last month. Even though he is eligible for revised pension of ₹33,367/- with arrears of the balance towards the amount to be paid from 01.07.2019, the respondents are not considering his lawful rights, contends the petitioner.
5. The petitioner would allege that similarly situated retired employees like the petitioner have been granted the benefit as per order No.B6-5508/2019 dated 15.01.2026, suo motu, by the Waqf Board. The petitioner alone is discriminated.
6. I have heard the learned Counsel for the petitioner and the learned Standing Counsel representing the respondents.
7. Going through the pleadings, I find that the issue involved in this writ petition is covered by the judgment of this Court in W.P.(C) No.25833 of 2025. In the said writ petition, the Standing Counsel representing the Waqf Board had submitted that the Board has decided to implement the recommendations of the 11th Pay Revision Commission to the Waqf Board employees also and while recording the Minutes, it was recorded that Pay Revision is to be implemented for the “employees of the Waqf Board”. It should have been recorded as “employees and pensioners”. The Waqf Board intends to extend the benefit of the Pay Revision to the eligible pensioners as well.
In the afore facts of the case, following the judgment in W.P.(C) No.25833 of 2025, this writ petition is disposed of directing that if the petitioner executes appropriate bond in favour of the Waqf Board within a period of two weeks from today, then full benefit of the Pay Revision and pension revision shall be made available to the petitioner.
Sd/-
