V. CHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The issue involved in this Original Petition is an offshoot of the 8th Pay Revision recommendations - accepted vide Annexure-A1 G.O. dtd. 17/3/2006 - which still remains unresolved. The petitioners are Government servants, who retired from service on or after 1/7/2004 and before 31/3/2005. Annexure-A2 G.O. dtd. 18/4/2006, issued in implementation of Annexure-A1 G.O., jeopardised the petitioners, inasmuch as their revised pension was lesser than those who retired prior to 1/7/2004 and after 31/3/2005. The petitioners approached the State Administrative Tribunal twice. The second Original Application, O.A.(Ekm)No.547/2019, was dismissed as per Ext.P4 Order dtd. 29/3/2022, which is under challenge in the instant Original Petition. If Ext.P2 constitutes a class within a class, with the further impact of discriminating the specie class (like the petitioners herein who retired from service on or after 1/7/2004 and before 31/3/2005) from the genus class (pensioners generally), whether Ext.P2 invites the wrath of violation of the fundamental right under Article 14 of the Constitution, is the question which surfaces for consideration in this Original Petition.

(2.) The facts:- The recommendations of the 8th Pay Revision Commission were accepted in toto, without any modification, vide clause 3 of Annexure-A1 order dtd. 17/3/2006, as per which, the then existing scales of pay were revised with effect from 1/7/2004. Clause 13 of Annexure-A1 provides for continuance of the present system of computation of pension at 50% of 10 months average emoluments and Clause 15 stipulates that the revised basic pension/family pension shall comprise of (i) existing pension/family pension (ii) fitment benefit of 6% and (iii) 59% of D.R. The crucial direction insofar as the instant facts are concerned is contained in Clause 28, which specifically stipulated that those retiring after 1/7/2004 will have their pension revised based on their revised pay scales. Clause 28 is extracted here below:- "28. Those retiring after 1/7/2004 will have their pension revised, based on their revised pay scales. They will be entitled to corresponding increase in commuted value of pension, DCRG and terminal surrender of earned leave. These as well as the arrears of pension from 1/7/2004 will be paid in cash after adjustment of interim relief received."

(3.) Clause 30 of Annexure-A1 reserved the right to issue separate detailed instructions regarding the schedule for reckoning the revised pension for various years of qualifying service, norms for fixation authority to revise pension, etc. in consultation with the Accountant General.