STATE OF TRIPURA Vs. ANJANA BHATTACHARJEE

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dtd. 31/10/2017 passed by the High Court of Tripura at Agartala in Writ Petition (C) No. 494 of 2012, by which, the High Court has struck down Rule 3(3) of the Tripura State Civil Services (Revised Pension) Rules, 2009 (hereinafter referred to as the Pension Rules, 2009) and consequently has directed to pay the original writ petitioner the arrears of pension for the period from 1/3/2007 to 31/12/2008, the State of Tripura has preferred the present appeal.

(2.) The facts leading to the present appeal in a nutshell are as under: -

(3.) Shri Shuvodeep Roy, learned counsel appearing on behalf of the State has vehemently submitted that due to the financial crunch and considering the fact that there will be heavy financial burden upon the State to pay the actual revision pension from 1/1/2006, which may affect the development of a small State like State of Tripura, a policy decision was taken by the State to grant the benefit of revision of pay scale from 1/1/2009 only and the benefit of revision of pay to be made only notionally from 1/1/2006 to 31/12/2008, which the Hon'ble High Court ought not to have interfered with in exercise of powers under Article 226 of the Constitution of India.