INDIAN SERVICES LEAGUE Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE writ petitions by ex-servicemen are a sequel to the decision in D.S.Nakara v. Union of India, (1983) 2 SCR 165:(AIR 1983 SC 130), in which the reliefs claimed are based solely on the decision in Nakara's case. The real point for decision, therefore, is whether the reliefs claimed in these writ petitions flow as a necessary corollary to the decision in Nakara. This being the sole basis for the reliefs claimed in these writ petitions, the petitioners can succeed only if this assumption by them is correct. Writ Petitions Nos. 13550-55 of 1984 are by ex-servicemen who retired from a commissioned rank while Writ Petns. Nos. 547-50 of 1985 are by those who retired from below the Commissioned rank. Writ Petition No. 4524 of 1985 by, an ex-serviceman has been received by post and is substantially to the same effect. Petitioner No. 1 in the first two sets of writ petitions is a Society representing the ex-servicemen while the other petitioners in these writ petitions are ex-servicemen of the three wings of the Armed Forces, namely, Army, Navy and Air Force. In order to appreciate the contentions in these writ petitions, it would be appropriate to first refer briefly to the decision in D.' S. Nakara v. Union of India, (1983) 2 SCR 165: (AIR 1983 SC 130).

(2.) ON 25/05/1979, Government of India, Ministry of Finance, issued Office Memorandum No. F-19(3)-EV-79 whereby the formula for computation of pension was liberalised but made applicable only to civil servants who were in service on March 31, 1979 and retired from service on or after that date. The liberalised pension formula introduced a slab system, raised the ceiling and provided for a better average of emoluments for computation of pension and the liberalised scheme was made applicable to employees governed by the Central Civil Services (Pension) Rules, 1972, retiring on or after the specified date. The pension for the Armed Forces personnel is governed by the relevant regulations. By the Memorandum of the Ministry of Defence bearing No. B/40725/ AG / PS4-C/ 1816/ AD (Pension)/ Services dt. 28/09/1979, the liberalised pension formula introduced for the civil servants governed by the 1972 Rules was extended to the Armed Forces personnel subject to the limitations set out in the Memorandum with a condition that the new rules of pension would be effective from 1/04/1979 and would be applicable to all service officers who become/ became non-effective on or after that date. These memoranda were Ex. P-1 and Ex. P-2 in Nakara. Consequently, the liberalised pension formula was made applicable prospectively only to those who retired on or after 31/03/1979 in case of civil servants covered bv 1972 Rules and in respect of Armed Forces personnel who became non-effective on or after 1/04/1979. The result was that those who retired prior to the specified date were not entitled to the benefits of liberalised pension formula in view of the cut-off date of retirement specified in the Memoranda. This led to the filing of the writ petition by D. S. Nakara and others on behalf of retired civil servants and personnel of the Armed Forces wherein it was contended that differential treatment to the pensioners related to the date of retirement by the revised formula for computation of pension was discriminatory and violative of Article 14 of the Constitution. The question for decision in Nakara was whether the date of retirement is a relevant consideration for eligibility when a liberalised pension formula for computation of pension is introduced and made effective from a specified date resulting in denial of the benefits of the liberalised pension formula to pensioners who had retired prior to the specified date.

(3.) THE judgment then proceeded to show that there was no difficulty or inequity in granting the benefits of the liberalised pension scheme to all retirees irrespective of the date of their retirement by indicating as under:-