Differential treatment based on the date of retirement in the calculation of revised pension is arbitrary and violative of Article 14 of the Constitution of India.

T. Nandakumar Singh, J.

1. Heard Mr. A. Nilmani Singh, learned senior counsel assisted by Mr. A. Bimol Singh, learned counsel appearing for the writ petitioners as well as Mr. R.S. Reisang, learned G.A. appearing for the respondents 1 and 2 and Mr. C. Kamal Singh, learned CGSC for respondent No. 3.

2. The brief facts of the petitioner-association's case are that the Association called "the All Manipur Pensioners' Association" is a society registered under the Societies Registration Act having the Regd. No. 1315/73. The petitioner association is a non-political, non-profit making and voluntary organisation, espousing the cause of old infirm pensioners. The petitioner-association filed the present writ petition for the benefit of those members who retired before 1.1.1996 (for short pre-1996 pensioners). The Central Civil Services (Pension) Rules, 1972 had been adopted and enforced by the State of Manipur with effect from 1.1.1977 vide notification No. 1/3/71/H-F dated 3.3.1977 under the title of "Manipur Civil Services (Pension) Rules, 1977". Again, the Governor of Manipur in exercise of his powers conferred by proviso to Article 309 of the Constitution of India makes the Rules called "The Manipur Civil Services (Pension) (Amendment) Rules, 1991" vide notification No. 5/8/87/PIC (iii) Imphal the 24th January, 1991. Under the said notification dated 24.1.1991, wherever the word/words "Union", "President", "Government", "Ministry", "Head of Department" and "Union Public Service Commission" has/have been referred to in the Central Civil Services (Pension) Rules, 1972, the same shall be construed as referring to the "State of Manipur", "Governor of Manipur", "Department of the Government of Manipur", and "Head of Department declared as such by the Governor of Manipur" and "Manipur Public Service Commission" respectively except the words "Central Government" referred to in Sub-rule 13 of Rule 54 which shall continue to mean the Central Government.

3. It is pertinent to mention that the Governor of Manipur in the exercise of his powers conferred by proviso to Article 309 of the Constitution of India was pleased to make the Rules called "The Manipur Civil Services (Pension) (Amendment) Rules, 1980" under the notification No. 1/3/ 71/H -1 Imphal the 15th July, 1980. Para 2 of the said notification for the Amendment to Rule 3 reads as follows:

2. Amendment to Rule 3:

The following shall be substituted for rule 3 of the Manipur Civil Services (Pension) Rules, 1977.

The Central Civil Services (Pension) Rules, 1972 as amended from time to time (including the decisions taken by the Government of India) are hereby adopted with the condition that wherever the word/words. "Union", "President", "Government", "Ministry" and "Head of Deptt." has/have been referred to in the Central Civil Services (Pension) Rules, 1972, the same shall be construed as referring to the "State of Manipur," Governor of Manipur", "Govt. of Manipur", "Department of the Government of Manipur" and "Head of Department declared as such by the Governor of Manipur", respectively.

4. From the bare perusal of the para 2 quoted above, it is crystal clear that while adopting the Central Civil Services (Pension) Rules, 1977, decisions taken by the Govt. of India from time to time had also been adopted by the Government of Manipur. Again, the Governor of Manipur in exercise of powers conferred by the proviso to Article 309 of the Constitution of India makes the Rules called "The Manipur Civil Services (Pension) (Amendment) Rules, 1986 vide notification No. 1/3/ 71/H-F, Imphal, the 22nd July, 1986. Para 2 of the said notification reads as follows:

2. Amendment to Rule 3:

The following shall be substituted for Rule 3 of the Manipur Civil Services (Pension) Rules, 1977.

The Central Civil Services (Pension) Rules, 1977 as amended upto date (including Government of India's decisions in regard to matters relating to pension and retirement benefits) are hereby adopted with the condition that