Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 2009 Tripura State Civil Services (Revised Pension) Rules |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Tripura State Civil Services (Revised Pension) Rules, 2009 – rule 3(3) – Constitution of India – Art. 14 – Writ Petition was filed before the High Court challenging the Rule 3(3) of Pension Rules, 2009 – Rule 3(3) provides “the revised rate of pension within the above limits of minimum and maximum pension shall be computed notionally from 1st January 2006 or, as the case may be, from the date of superannuation…but financial computation will be admissible from 1st January 2009…” - It was the case on behalf of the writ petitioner that there is no reasonable excuse to deny the actual benefit of pension for the period from 01.01.2006 to 31.12.2008 – The High Court has struck down Rule 3(3) of the Pension Rules, 2009 being arbitrary and violative of Article 14 of the Constitution of India – Before the High Court, it was the specific case on behalf of the State that because of heavy financial burden and there being financial constraints, the State is not in a position to bear the heavy burden of additional revised pension – On appeal, held: When specific statistics were provided before the High Court justifying its policy decision and the financial crunch/financial constraint was pleaded, there was no reason for the High Court to doubt the same – Financial constraint can be a valid ground for fixation of cut-off date for grant of benefit of increased quantum of death-cum-retirement gratuity – Fixing of a cut-off date for granting of benefits is well within the powers of the Government as long as the reasons therefor are not arbitrary and are based on some rational consideration – In the instant case, the cut-off date has been fixed as 01.01.2009 on a very valid ground i.e., financial constraint – Therefore, the High Court manifestly erred in striking down the Rule 3(3) of the Pension Rules, 2009 being arbitrary and violative of Article 14 of the Constitution. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 859 |
Petitioner | The State Of Tripura & Ors |
Respondent | Smt. Anjana Bhattacharjee & Ors. |
SCR | [2022] 11 S.C.R. 14 |
Judgement Date | 2022-08-24 |
Case Number | 5114 |
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