KALLAKURUCHI TALUK RETIRED OFFICIAL ASSOCIATION REP BY ITS PREMPLOYEES STATE INSURANCE CORPORATIONDENT, M NARAYANASAMY Vs. GOVERNMENT OF TAMIL NADU, REP BY ITS SECRETARY FINANCE (PENSION) DEPARTMENT

JUDGEMENT

(1.) The prayer in this writ petition is to quash G.O.Ms. No. 810, dated 09.08.1989, in so far as the it directs the pensionary benefits of an employee retired / retiring on or after 01.06.1988 be computed by adding dearness allowances with pay at fixed percentage rates and consequently direct the respondent to extend the benefits conferred under G.O.Ms. Nos. 272 and 273, dated 15.06.1998 to the members of the petitioner's association.

(2.) The necessary facts for the disposal of the writ petition are that the petitioner's association is a registered Association with Registration No. 27/2001. It is mainly concerned with the welfare of retired government employees, local body employees, teaching and non teaching staff of educational institutions in and around Kallakuruchi Taluk. All the members of the petitioner's association are retired from 01.06.1988 to 31.12.1995 and therefore, aggrieved due to not merging the amount of Dearness Pay while computing pensionary benefits when compared to those who retired prior to 31.05.1988. According to the petitioner, the Government of Tamil Nadu, pursuant to the recommendation of the Dearness Allowances Committee, had issued G.O.Ms. No. 115 (Fin), dated 06.02.1975, wherein employees retiring on or after 01.02.1975 were permitted to merge the Dearness Allowances drawn by them in full while computing pensionary benefits i.e., for both pension and gratuity.

(3.) The said position continued till 30.09.1978 and the persons who retired between 01.02.1975 to 31.03.1979 were benefitted. The persons who retired prior to 01.02.1975 filed O.A. Nos. 4265/92, 2645/94 and 2646/94 to direct the Government to extend the benefits of G.O.Ms. No. 115 (Fin), dated 06.02.1975 to persons who retired prior to 01.02.1975 also. The said O.As. were allowed. The Government filed S.L.P. and the same was also dismissed by the Honourable Supreme Court. Thereafter, G.O.Ms. No. 273, dated 15.06.1998 was issued by the Government and extended the benefit of merger of full Dearness Allowances while computing pensionary benefits for those who retired prior to 01.02.1975. The Government also issued G.O.Ms. No. 371, dated 30.04.1986, and allowed persons who retired on or after 01.10.1987 the merger of full Dearness Allowances and additional Dearness Allowances drawn by them to be reckoned as pay to be taken into account for computing pensionary benefits. Since the persons who retired between 01.04.1979 to 30.09.1987 were not benefitted, they filed O.A. Nos. 2277/92 and 4953/92 and the Tribunal allowed the said O.A's and extended the benefits to the above retired persons also those who retired prior to 01.10.1987. The Government filed S.L.P. against the said order also and the same was dismissed. Pursuant to that G.O. Ms. No. 272, dated 15.06.1998, was issued and extended the merger of full Dearness allowances to those who retired during 01.04.1979 to 30.09.1987. Thus, it is clear that all the persons who retired prior to 31.05.1988 got the benefit of inclusion of full dearness allowances as pay for computing pensionary benefits.