O P VERMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Petitioners No. 1 to 4 are retired Chief Municipal Officers whereas petitioner No.5 is a retired Engineer and they claim to be Members of State Municipal Service (Executive) and State Municipal Service (Engineering) at the time of retirement. They have prayed for issuance of a direction to the respondents to make payment of equal pension (revised pension vide circular dated 31/08/2009) with revised Dearness Allowance given to other retired government servant of the State holding that officer of State Municipal Service (Executive) and State Municipal Service (Engineering) are government servant. They have also prayed for a direction to make payment of arrears of Dearness Allowance, if any, since 01/04/2004 along with interest @ 18% per annum as has been given to other retired government servants.

(2.) Learned counsel for the petitioners has relied on judgment rendered by the Madhya Pradesh State Administrative Tribunal, Gwalior in the matter of Vidhya Sagar Kulsheshtha Vs. State of M.P. and others decided on 03/07/1993 which has been affirmed by the Hon'ble Supreme Court in S.L.P.(Civil) No.17605/93 by an order dated 14/12/1993. In the said case the petitioner was a member of State Municipal Service (Engineering). He has also placed reliance on the Full Bench Judgment of the Madhya Pradesh High Court in the matter of Suresh Chandra Sharma Vs. State of M.P. and Others, 2000 2 MPLJ 530in which the petitioner was Member of State Municipal Service (Executive). On the basis of aforesaid judgment it has been argued that once Members of State Municipal Service (Executive) and State Municipal Service (Engineering) are declared as government servants they are entitled to similar benefit of pension and other allowance as has been made admissible to the other government servants and discrimination in this regard is violative of Article 14 of the Constitution of India.

(3.) On the other hand learned State counsel would argue that the services of the petitioners and their pension are governed by M.P. Municipal Service (Pension) Rules 1980 and Rule 10(b) thereof provides that payment to the members of any municipal service shall be made out of the Municipal Employees Pension Fund in the manner prescribed in the relevant Fund Rules and since enough funds are not available the government has its limitation in making payment of equal amount of pension and other benefits to the petitioner. According to the State the funds maintained for Members of Municipal Service is not only for member rendering Executive and Engineering or Health Services but all the members of Municipal Pension Scheme and therefore providing benefits to the aforestated three categories only would be a discrimination in itself and it would be difficult for the answering respondents having its separate pension fund to pay retiral benefits (including Dearness Allowance) to the present petitioners. It is further stated in the return that from the circular annexed as Annexure P/5 it would be evident that the answering respondents have made best endeavour to treat the Members of the Municipal Services at par with other government servants within its own limitation keeping in view availability of funds.