Pension is a constitutional property right under Article 300A and is not a bounty. Once vested, pensionary benefits cannot be withdrawn or reduced through executive orders based merely on financial grounds or policy shifts, as such actions violate the constitutional principles of equality and socio-economic justice.

COMMON ORDER

1.These writ petitions have been filed to quash the Government Order in G.O.(Ms).No.30 Finance PC-2 Department which cancelled the revised pension and consequential order of the administrative authority and further to restore and continue to pay the revised pension/family pension in pursuance to the G.O.(Ms) No.236 Finance (Pay Cell) Department.

2) Heard the learned Senior Counsels/ Counsels for their respective parties.

3) Learned Senior Counsels/ Counsels appearing on behalf of the petitioners would submit that the petitioners are all pensioners/ family pensioners, they/ their predecessors having worked as Doctors under the Government of Tamil Nadu. The Tamil Nadu Government Doctors Association, noting that there were no adequate promotional opportunities leading to stagnation in various levels had approached the Government to provide with dynamic Assured Career Progression Scheme. The Government had formed a Committee and on the basis of the recommendations of the Committee, in its Report dated 30.08.2009, Government orders were issued in G.O(Ms).No.354, Health and Family Welfare Department dated 23.10.2009 providing various promotional opportunities through a Dynamic Assured Career Progression Scheme. The said Government order was revisited by a further Government order in G.O.(Ms).No.245 dated 30.10.2013 entitling time bound promotion on completion of 8/ 15/ 17/ 20 years. By a Government letter dated 16.05.2014 it was clarified that the Government order in G.O.(Ms).No.245 would take effect from the date of issue of the said Government order. However, by a Government order in G.O.(Ms).No.301 dated 06.10.2025 a retrospective effect of the time bound promotions were given from 23.10.2009 namely the date of issue of G.O.(Ms).No.354.

4) Representations were made by the Doctors who had retired to grant them parity at least in the pension on the scale of pay that is adopted based upon the time bound promotions. Considering the representations, the Government had issued G.O.(Ms).No.236 Finance (Pay Cell) Department, dated 12.07.2018 revising the pension/ family pension of Professors/ Medical Officers who had retired prior to the issue of G.O(Ms).No.354 dated 23.10.2019. However, the pensionary benefits were granted only with prospective effect considering the financial commitments of the Government. The family pension of the Professors/ Medical Officers stood revised with reference to the higher pay scale granted to the Professors/ Medical Officers who are elevated as Chief Surgeon pursuant to the time bound promotions given by the Government under G.O.(Ms).No.354.

5) Learned Senior Counsels would further submit that while that being so, the first respondent had issued a show cause notice in the year 2020 proposing to cancel the Government order in G.O.(Ms).No.236 with prospective effect. The said show cause notices came to be challenged before this Court and this Court in a batch of Writ Petitions in W.P.Nos.7905 of 2022 and etc., batch in its order dated 12.12.2023 had quashed paragraphs 4 to 6 of the impugned notice, but, however, left it to the Government to pass appropriate orders. Thereafter, the impugned order had been passed reiterating the reasons shown in the show cause notice. They would submit that the impugned order had been made on various factual infirmities. That apart, they would submit that the impugned order also reflects that the future developments and the other welfare schemes would also have to be taken care as a reason to cancel the revised pension granted to the pensioners.

6) They would in one voice submit that the grant of pensionary benefits itself is n