K BALASUNDARAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The relief is sought for in this writ petition is to quash paragraph 2(ii)(d) of G.O.Ms.No.235, Finance Department dated 01.06.2009, so far as granting of 40% fitment weightage to the retirees before 01.01.2006 and for a direction to the respondents to fix the pension of the pre 01.01.2006 retirees on par with post 01.01.2006 retirees by allowing them to get the revised pension at 50% of the Grade Pay, in the light of the Government of India O.M.No.38/37/0A-P and PW(A) dated 28.01.2013 and accordingly, revise the pension to all the pensioners and pay the arrears.

(2.) The learned counsel appearing for the writ petitioners rested his argument mainly on the ground that the pensioners retired prior to 01.01.2006 are discriminated and they have been granted 40% of the Basic Pay. Contrarily, the pensioners retired after 01.01.2006 are granted 50% of the Basic Pension. Thus, a discrimination is created amongst the group of pensioners and the artificial distinction created between these two clases of pensioners are impermissible in law.

(3.) The next point raised on the side of the petitioners' is that the State is all along following the pay scheme followed by the Central Government and now that the Central Government has revised the pension in respect of pre retirees upto 01.01.2006 and therefore, the State pensioners, who retired prior to 01.01.2006 are also should get their respective pension revised on par with the Central Government pensioners.