ELUMALAI Vs. SECRETARY TO GOVERNMENTFINANCE (PENSION) DEPARTMENT SECRETARIAT

JUDGEMENT

(1.) This writ petition has been filed by Mr.Elumalai, who retired as Wireman Grade -II from the third respondent -Public Works Department, seeking issuance of a writ of mandamus to the respondents to implement the G.O.Ms.No.371 Finance (Pension) Department dated 30.04.1986 by treating the Dearness Allowance sanctioned upto 01.10.1987 as Dearness Pay for the purpose of calculating pension/family pension to the petitioner, in the light of the order of the Hon'ble Supreme Court in SLP (Civil Appeal) Nos.8848 -8849 of 2012 dated 17.1.2013.

(2.) According to the learned counsel for the petitioner, after the petitioner was appointed as Helper/NMR in the year 1959, the petitioner retired from service on reaching the age of superannuation on 31.10.94 in the post of Wireman Grade -II. Subsequently, he was also sanctioned pension/family pension by the respondents vide Pension Payment Order No.A 891513/PW in Pension Case No.Pen 15/III/E 10 -655/94 -95. The learned counsel for the petitioner further submitted that in the year 1989, the Government issued G.O.Ms.No.810, Finance (Pay Commission) Department dated 9.8.89, revising the pension/family pension of Government servants who retired/died prior to 1.10.60 by allowing increase of 60% of total pension/family pension after merger of dearness allowance for those who were drawing pension upto Rs.500/ - per month. When the said G.O.Ms.No.810, Finance (Pay Commission) Department dated 9.8.89 was challenged by the Ambasamudram Taluk Pensioner's Association in O.A.No.1919 of 1991 before the Tamil Nadu Administrative Tribunal, Chennai, by order dated 6.5.96, the said original application was allowed by setting aside the G.O.Ms.No.810 dated 9.8.89 insofar as it affected the members of the Association, however, a direction was issued to the respondents to extend the benefits of 60% increase in the pre -revised pension plus dearness allowance at 608 points to those who retired prior to 1.6.60 to those pensioners and family pensioners in case of retirement or death occurring after 1.6.60. Subsequently, G.O.Ms.No.271, Finance (Pension) Department dated 15.6.98 was issued and the same was also implemented by extending the benefits to all those persons who retired between 1.6.60 and 31.5.88.

(3.) Again certain pensioners' Associations also challenged the cut -off date stipulated in the Government Orders issued in G.O.Ms.No.271, Finance (Pension) Department dated 15.6.98 and G.O.Ms.No.272, Finance (Pension) Department dated 15.6.98 by filing original applications before the Tamil Nadu Administrative Tribunal. Subsequently, the said applications were transferred to this Court. The main relief sought for by the writ petitioners was to treat the dearness allowance as dearness pay for the purpose of pension calculation for all those who had retired between the period 1.6.88 and 31.12.95. Although the said writ petitions were allowed, Writ Appeal Nos.1002 of 2006, 9 and 95 of 2007 were filed before a Hon'ble Division Bench of this Court by the Government. By order dated 17.12.2007, all the writ appeals were allowed. Aggrieved by that, S.L.P.No.20887 of 2008 was filed by one Mr.N.Subramanian and others and the Kallakurichi Taluk Retired Official Association also filed special leave petitions in S.L.P.Nos.18020 and 18021 of 2008 with the main prayer to grant the benefit issued in G.O.Ms.No.271, Finance (Pension) Department dated 15.6.98 and G.O.Ms.No.272, Finance (Pension) Department dated 15.6.98 to all the pensioners who had retired between 1.6.88 and 31.12.95 with all consequential pensionary benefits. The Hon'ble Apex Court, in its judgment dated 17.1.2013, allowed the above mentioned special leave petitions, extending the benefits to all the employees who retired on or after 1.6.88 on the ground that it is being violative of Article 14 of the Constitution of India.