G S KRISHNAN Vs. UNION OF INDIA

JUDGEMENT

(1.) All the writ petitioners are, admittedly, ex-servicemen who after their discharge from defence service joined in the Central Electro Chemical Research Institute (CECRI), Karaikudi, except in the case of the petitioner in W.P.No.7772 of 1998, who during his service in the Central Electro Chemical Research Institute (CECRI), Karaikudi was transferred to Central Leather Research Institute (CLRI), Chennai. Concededly, both the Central Electro Chemical Research Institute (CECRI) and Central Leather Research Institute (CLRI) are a constituent unit of the Council of Scientific and Industrial Research (CSIR), New Delhi, and the fact remains that some of the writ petitioners have retired on superannuation and some of them continue to be in service.

(2.) Even though the petitioners were paid Dearness Relief on pension, as per their service in the defence, the said Dearness Relief on pension was subsequently recovered quoting Rule 55A(ii) of the Central Civil Services (Pension) Rules (hereinafter referred to as the "Rules"), which reads as follows:

(3.) Alleging that the reliance placed by the respondents on Rule 55A(ii) of the Rules, for recovery of Dearness Relief on Pension paid to the petitioners for their service in the defence, is illegal, arbitrary and violative of Article 14 of the Constitution of India, as unequals are being treated as equals, the petitioners seek a writ of Mandamus to pay the Dearness Relief on pension to the petitioner from time to time and also to refund the amount already recovered from the pension.