Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | West Bengal Services (Revision of Pay and Allowances) Rules 1990 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law:West Bengal Services (Revision of Pay and Allowances) Rules, 1990: West Bengal Services (Revision of Pay and Allowances) Rules, 1998: West Bengal Services (Death-cum-Retirement) Rules, 1971:Pension-State of West Bengal-Government Employees-Revision of pay scales-Pension calculated on the revised scales of pay-Benefit of-Prescription of cut off date for-Validity of-Validity of prescription of cut off date depends upon relevancy of consideration underlying choice of such date.The pay scales of Government employees of the State of West Bengal were revised w.e.f. 1st January, 1986 under the West Bengal Services (Revision of Pay & Allowances) Rules, 1990. Employees who were in service on 1.1.86, even though they had retired before the Rules were published, were covered by it. Their pay was to be revised notionally and a memorandum was issued on 25th April, 1990 giving them pensionary benefits calculated on the basis of such notionally revised scales of pay. The claim of the respondent-association for calculation of pension payable to pre-1.1.86 retirees on the basis of the revised pay scales was rejected by Secretary of the Finance Department. The Finance Secretary held that the State Government had adopted the same formula for computation of pension of all the pensioners irrespective of the date of retirement, namely, 50% of last pay drawn by the incumbent before retirement. Since those who had retired prior to the date of revision of pay scales could not avail themselves of the revised pay scale, the Fourth Central Pay Commission evolved a formula to give the pre-1986 retirees Dearness Allowance on the basis of 608 point Consumer Price Index (CPI). The revised pay scales were on the basis of 608 point CPI being merged with on-revised pay. The State Government had issued notification no. 7532-F dated 6th April, 1988 by which it had suitably removed the disparity and discrimination among all classes of pensioners irrespective of their date of retirement.The application filed by the respondent-Association for quashing the Finance Secretary's order and directions to the State Government to give equal pension and pensionary benefits to all pensioners irrespective of their date of retirement was rejected by the West Bengal Administrative Tribunal. Thereafter, the Respondent-Association filed a writ petition before the High Court which held that in view of the decision in *D.S. Nakara's case, the Members of the Association were entitled to the pensionary benefits as were paid to post-1986 retirees. The question in this appeal is whether the decision of this Court in D.S. Nakara's case obliges the appellant to pay pension calculated on the revised scales of pay under the R.O.P.A. Rules, 1990, to all the erstwhile employees of the State Government irrespective of their date of retirement.The appellant-State submitted that the pre-1986 retirees were not entitled to re-calculation of pension on the basis of the revised pay scale. It was contended that there was no revision of pay of employees who had retired prior to 1.1.1986 notionally or otherwise; in keeping with the Nakara principle the formula for calculation for pre-1.1.86 and for post 1.1.1986 retirees, namely, 50% of the last pay drawn was the same. Additionally, all retirees were getting Dearness Allowance commensurate with the consumer price index. On behalf of the appellant-State, it was also contended that after the West Bengal Services (Revision of Pay and Allowances) Rules, 1998 came into force all pensioners whether pre or post -1986 were entitled to revision of their pension based upon a notional fixation of pay as on 1.1.1986 by adopting the same formula as for the serving employees but with effect from 1.1.1996. Therefore, the dispute in the appeal is confined to the formula applied to the period 1.1.86 to 31.12.1995 when the R.O.P.A. Rules, 1990 were in operation. |
Judge | Hon'ble Ms. Justice Ruma Pal |
Neutral Citation | 2002 INSC 1 |
Petitioner | State Of West Bengal And Anr. |
Respondent | West Bengal Govt. Pensioners Associations And Ors. |
SCR | [2002] 1 S.C.R. 1 |
Judgement Date | 2002-01-07 |
Case Number | 378 |
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