UNION OF INDIA Vs. G VASUDEVAN PILLAY

JUDGEMENT

(1.) This conglomeration of appeals (some of which arise because of leave already granted and some come into existence because of leave being granted) require us to decide three questions :

(2.) Disallowing of D. R. on pension on re-employment. To answer the above question involved in some of the appeals, the background leading to the aforesaid decision may be briefly noted. To start with there was no provision for payment of D. R. to the pensioners. Various representations were made to the Third Pay Commission seeking some recommendations in this regard for protecting the pension of the Government employees from erosion on account of possible increases in the cost of living in future. The Commission considered this matter and also the question regarding the manner in which some relief could be provided to the future pensioners. After having noted the various suggestions which the Commission received in reply to its questionnaire, it recommended that all future pensioners, irrespective of the amount of pension drawn by them, should be given relief @ 5% of their pension subject to a minimum of Rs. 5/- per mensem and maximum of Rs. 25/-. The Commission further recommended that the relief should be given as and when there is a 16-point rise in the 12-monthly average of the All India Working Class Consumer Price Index. This recommendation of the Commission was accepted by the Central Government vide its Office Memorandum of even No. dated 6th April, 1974, making the relief available to those employees belonging to Class II, III and IV, who retired from services prior to 1-1-73, as well as those who retired afterwards.

(3.) A decision was, however, taken subsequently not to pay D. R. to re-employed pensioners. This was made applicable to those ex-servicemen who had come to be re-employed in civil posts. Various writ petitions and Original Applications were filed in different legal foray of the country, which came to be decided either by upholding the validity of the decision or by taking a contrary view. The parties who lost have preferred these appeals.