VED PRAKASH MITTAL Vs. STATE OF U P

JUDGEMENT

(1.) All of the above seven Writ Petitions have been filed by retired members U.P. Development Authorities Centralized Services or their dependent family members. They were holding various posts for example Chief Architect and Town Planner, Chief Town Planners, Chief Engineers, Executive Engineers and Assistant Engineers in different Development Authorities and had retired before 1/1/2016. Some of the writ petitions which were filed in 2019 and 2020 were filed mainly with a prayer to revise the pension of the petitioners in accordance with the recommendation of the Seventh Pay Commission and strictly in accordance with the Government Order dtd. 23/12/2016 read with Government Orders dtd. 18/7/2017 and 4/9/2017 which were issued for State Government employees. Some petitioners were also praying for grant of 20% additional pension to them as they had attained the age of eighty years. Pleadings were complete between the parties and matters were ripe for final hearing but in the meantime the State Government issued Office Memo dtd. 24/2/2021, which made admissible revised pension to the petitioners in accordance with the Seventh Pay Commission's recommendations but with effect from the date of issuance of such order i.e. prospectively. Such Office Memo has been challenged in later Writ Petitions of 2021 as it provides that the formula given in Government Order dtd. 23/12/2016 will be followed while calculating revised pension/family pension only notionally, and actual benefits of revised pension shall be given with effect from 24/2/2021 meaning thereby that the arrears of more than five years have been denied. The impugned Office Memo also denies the benefit of modified formula and method for calculation of pension and family pension as provided in Government Orders dtd. 18/7/2017 read with Government Order dtd. 4/9/2017, saying that they were meant only for retired Government Servants and their dependents.

(2.) The facts that are common to all of the writ petitions are that after recommendations of the Seventh Central Pay Commission, the State Government constituted the Pay Committee 2016, to implement the Recommendations of the Seventh Central Pay Commission in the State of Uttar Pradesh. The Pay Committee 2016 presented its recommendations/report before the State Government with regard to the implementation of the Seventh Pay Commission upon different classes and categories of employees/retirees of various departments including the Housing and Urban Planning Department and Local Bodies, statutory institutions, public sector enterprises and autonomous bodies like Development Authorities. The State Cabinet accepted the recommendations of the Pay Committee 2016 with regard to revised pay, Dearness Allowance/Relief as well as pension/family pension and other post retirement benefits for Urban Local Bodies, Zila Panchayats, Jal Sansthan and Development Authorities. Consequently, a Government Resolution (Sankalp) dtd. 16/12/2016 was issued which was published in the Gazette. Clause 1 of such Resolution provided that the recommendations of the Pay Committee with regard to the revision of salaries of employees of Development Authorities in revised Pay Matrix (provided by the Seventh Pay Commission) were accepted. Clause 5 of the said Resolution provided that pension of retirees of Development Authorities who had earlier been getting same pension as Government servants shall be revised in an identical manner to State Government pensioners. It further provided that the financial implications/burden in adopting the recommendations of the Seventh Pay Commission for Local Bodies, Zila Panchayats, Development Authorities etc., would be borne by such institutions. No transfer of funds other than funds which are already being given by the State Government to such authorities, would be made available for additional financial burden cast by such adoption. With regard to Development Authorities the recommendations would be admissible only on the condition that financial burden caused by such acceptance would not be borne by the State Government. The responsibility to deposit in time the installments regarding loans extended by the financial institutions giving credit to such Development Authorities would be discharged regularly and the increase in establishment cost due to grant of benefits admissible under the Seventh Central Pay Commission's recommendations shall be borne by such Development Authorities.

(3.) The State Government issued Government Order No.39 dtd. 23/12/2016 for Government employees who retired before 1/1/2016, providing therein that pension and family pension of such persons who retired or died prior to 1/1/2016 shall be as per the Report of the Pay Committee 2008 i.e. the Committee constituted for implementation of the recommendations of the Sixth Central Pay Commission, and will be revised by multiplying factor of 2.57 with pension/family pension which they were getting prior to 2016. The said Government Order also provided that pensioners who attained the age of 80 years shall be paid 20% additional pension. Arrears on revision of pension shall also be paid with effect from 1/1/2016.