LAWS(DLH)-2015-5-14

S A KHAN Vs. UNION OF INDIA

Decided On May 07, 2015
S A Khan Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) We are disposing of the above-captioned writ petitions by a common decision for the reason the petitioners challenge the letter dated October 03, 2008 issued by the Government of India, Ministry of Personnel, P.G. & Pension, to the extent it stipulates (and as per the petitioners under the garb of a clarification) and links grant of full pension to completion of 33 years of qualifying service and draws a distinction between those who retired before and after January 01, 2006.

(2.) In W.P.(C) No.8056/2013, prayer has also been made to quash the letter dated October 01, 2012 under which the pension of the petitioner was re-fixed to his disadvantage with a direction that his pension be refixed as per para 4.2 of the Office Memorandum dated September 01, 2008. Similarly, in W.P.(C) No.8012/2013, the petitioners have prayed that letters whereby their pension was reduced be quashed and their pension be re-fixed as per para 4.2 of the Office Memorandum dated September 01, 2008. The petitioners have also prayed that the amounts recovered from their pension be directed to be refunded with interest.

(3.) Thus, the issue which arises for consideration is whether the decision to classify the pensioners in two classes : pre January 01, 2006 pensioners and post said date pensioners is a reasonable classification, while according full pension to post January 01, 2006 pensioners who have rendered 20 years service but pro-rata reducing the same for the pre January 01, 2006 pensioners, which stands the scrutiny of Article 14 of the Constitution of India; since the Article while permitting classification warrants a rational nexus to be established keeping in view the object and thereby resulting in two classes forming. It is trite that equality has to be amongst the members of the same class and not amongst members of different classes. Thus, it is the reasonableness of the classification which is in issue.