J C GANDHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners are a group of similarly situated retired senior medical officers, who have approached this Court, by way of this Writ Petition under Article 226 , Constitution of India, 1950, challenging the Resolution dt. 11.07.2008, vide which their pension is proposed to be revised and re-fixed as per the revised pay-scale and rules contained under Gujarat Civil Service (Pension) Rules, 2002, which has adversely effected the present petitioners.

(2.) The brief facts of the present petition are that the petitioners were serving as Additional (Addl.) Director, Joint (Jt.) Director, Deputy (Dty.) Director, Assistant (Asst.) Director under the Health and Family Welfare Department, State of Gujarat.

(3.) The petitioners, except petitioner nos. 29 to 34, have completed their services satisfactorily and they retired from the services on attaining the age of superannuation and are getting pension, after final assessment. Since a departmental inquiry is undergoing against the petitioner nos. 29 to 34, provisional pension is being given to them. The grievance of the petitioners is that at the time of their retirement, petitioners were drawing salaries as per the pay-scale prescribed under Resolution dt. 25.05.1998. Upon attaining the age of superannuation, they got retired and pension was given as per the pay-scale laid under Resolution dt. 25.05.1998. Subsequently, Government issued a Resolution dt. 05.08.2003, vide which the pay-scale was revised. As the proposed pay-scale was lower than the pay-scale provided under Resolution dt. 25.05.1998, a similarly situated officer had challenged the Resolution dt. 05.08.2003 before this Court, by filing Special Civil Application No. 12232 of 2003. The Hon'ble Court without looking into the merits of the matter, vide its Order dt. 24.02.2004, quashed the Resolution dt. 05.08.2003, with a direction to Government and the Committee to take a decision on the issue of pay-scale after giving audience to the Association of Medical Officers. Thereafter, Government has again issued the impugned Resolution dt. 11.07.2008 to the same effect. The pay-scale of the medical officers are substantially reduced with retrospective effect. Besides, decision has also been taken by Government to revise and re-fix the pension of the retired medical officers in accordance with the pay- scale, as provided under Revision of Pay Rules, 1987 and 1998. Hence, aggrieved with the Resolution dt. 11.07.2008, the petitioners' have filed the present writ petition before this Court.