ALL MANIPUR PENSIONERS ASSOCIATION Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the Division Bench of the High Court of Manipur at Imphal dated 01.03.2016 passed in Writ Appeal No. 28 of 2006, by which the Division Bench of the High Court has allowed the said appeal preferred by the respondent ­ State and has quashed and set aside the judgment and order dated 24.3.2005 passed by the learned Single Judge in Writ Petition (C) No. 1455 of 2000, by which the learned Single Judge held that the method of calculating the revised pension in paragraph 4.1 of the office memorandum dated 24.4.1999 in respect of pre1996 pensioners is different from the method of calculating the revised pension for the Government employees who retired/died in harness on or after 1.1.1996 is arbitrary and violative of Article 14 of the Constitution of India, the original writ petitioners have preferred the present appeal.

(2.) The facts leading to the present appeal in nutshell are as under: That the State of Manipur adopted the Central Civil Services (Pension) Rules, 1972, as amended from time to time. As per Rule 49 of the Central Civil Services Rules, 1972, a case of a government employee retired in accordance with the provisions of the rules after completing qualifying service of not less than 30 years, the amount of pension shall be calculated at 50% of the average emoluments subject to a maximum of Rs.4500/ per month. It appears that considering the increase in the cost of living, the Government of Manipur decided to increase the quantum of pension as well as the pay of the employees. That the Government of Manipur issued an office memorandum dated 21.4.1999 revising the quantum of pension. However, provided that those Manipur Government employees who retired on or after 1.1.1996 shall be entitled to the revised pension at a higher percentage and those who retired before 1.1.1996 shall be entitled at a lower percentage.

(3.) Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the Division Bench of the High Court, the original writ petitioners have preferred the present appeal.