VIJAYAKUMAR RAI Vs. SHAILAJA N

JUDGEMENT

(1.) The controversy involved in these writ petitions is more or less the same. These writ petitions concern the service conditions of the Judicial Officers in the State concerning pensionary benefits admissible to them. The challenge is to the Notification G.O.No.FD (Spl) 04 PET 2005 dated 31st March 2006 issued by the State Government for introducing 'New Defined Contributory Pension Scheme' (for short, 'the New Pension Scheme') with effect from 1st April 2006 and the said scheme is made operational from 1st April, 2010. The the new pension scheme was made applicable to the employees who joined the government employment on or after 1st April 2006. The scheme provided for employees' contribution of 10% of the basic pay and dearness allowance (DA) with the matching contribution from the State Government. The Government Order was issued on 29th March 2010 regarding the implementation of the new pension scheme. The new pension scheme is sought to be applied to the Judicial Officers, appointed on or after 1st April 2006.

(2.) Initially, some of the Judicial Officers of the Karnataka Cadre made an interim application (IA No.287/2012) in Writ Petition No.1022 of 1989 pending before the Apex Court for challenging the applicability of 'the New Pension Scheme' to the Judicial Officers. On 30th March 2012, the Apex Court granted interim relief staying the applicability of the the new pension scheme to the Judicial Officers. On 1st April 2013, the Apex Court disposed of the said interim application and granted liberty to the Judicial Officers to seek appropriate relief from this Court. Accordingly, the Karnataka State Judicial Officers' Association and 87 Judicial Officers have filed writ petition No. 44240-327 of 2013 for seeking various reliefs. The first petitioner is an association of the Judicial Officers in the State. It is registered under the Karnataka Societies Registration Act, 1960. The first relief claimed is for issuing a writ of mandamus seeking a direction against the respondents to clarify that the Notification G.O. No. FD (Spl) 04 PET 2005 dated 31st March 2006 is not applicable to the Judicial Officers who are appointed after 1st April 2006. A prayer is also made for quashing the subsequent GO. No.'FP (Spl) 28 Pen 2009 dated 29th March 2010 on the basis of which, recovery 10% contribution from the salary of the Judicial Officers was ordered by way of contribution to the new pension scheme. A writ of mandamus is also sought for directing the State of Karnataka to continue with the old pension scheme which was applicable till 1st April, 2006.

(3.) Writ Petition No. 58571 of 2015 has been filed by the petitioners who are the legal representatives (widow and children) of a Judicial Officer who was serving as a District Judge in Karnataka State Judiciary. He was appointed as such in the year 2008, who died in a road traffic accident on 14th May 2014. The case of the petitioners is that they are entitled to family pension as per the Government Order dated 30th September 2010. It was pointed out that the relief of family pension has been denied to the petitioners by the State Government by contending that the Judicial Officers appointed after 1st April, 2006 are governed by 'the New Pension Scheme'. The prayer in the writ petition is for quashing the Government Order bearing No.FD.03. SRA 2010, dated 12th January 2010. A prayer is also made for a writ of mandamus directing the State Government to continue the family pension benefits as per the Government Order dated 30th September 2010. It is pointed out that though an opinion was expressed by the Committee of three Hon'ble Judges of this Court to the effect that 'the New Pension Scheme' is not applicable to the Judicial Officers, steps were taken by the Government to recover the contribution.