UNION OF INDIA Vs. P N MENON

JUDGEMENT

(1.) The respondents, who are retired Government servants, filed a writ application before the High Court, questioning the validity of Office Memorandum No. F-19(4) -E.V./79 dated 25th May, 1979, issued by the Government of India, treating a portion of the dearness allowance, as pay for the purpose of retirement benefits in respect of Government servants who retired on or after the 30th September, 1977. According to respondents, who retired from service before 30th September, 1977, the said benefits should have been extended to all retired Government servants, irrespective of their date of superannuation.

(2.) A learned Judge of the High Court allowed the said writ application on basis of the judgment of this Court in the case of D. S. Nakara v. Union of India, (1983) 2 SCR 165), saying that the said Office Memorandum was discriminatory in nature. The Division Bench dismissed the appeal filed on behalf of the Union of India.

(3.) It may be mentioned that Government of India issued on 25th May, 1979 two Office Memorandum Nos. F-19(3)-E.V./79 and F-19(4) -E.V./79. In the Office Memorandum No. F-19(3)-E.V./79, the computation of pension was liberalised, but it was made applicable to the Government servants who were in service on March 31, 1979 and retired from service on or after that date. It introduced a slab system for computation of pension. That Office Memorandum was the subject matter of controversy in the aforesaid case of D. S. Nakara (supra). This Court held that the criteria, "being in service and retiring subsequent to the specified date" for being eligible for liberalised pension in the aforesaid Office Memorandum, was violative of Article 14 of the Constitution, being arbitrary and discriminatory in nature. It was pointed out that the Government servants, who retired prior to the specified date, and those who retired thereafter, formed one class. They having been classified in two separate groups for the purpose of the pensionary benefits, the classification was not founded on any intelligible differentia. The said classification had also no rational nexus with the object sought to be achieved.