M.P. TANDON Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) BY means of this petition under Article 226 of the Constitution, the petitioner has claimed relief for the issue of a mandamus to the respondents directing them to make payment of pension and other pensionary benefits including gratuity, family pension and dearness allowance in accordance with the latest Government orders. The petitioner joined service in the High Court in 1936 as Upper Division Assistant. After working in the office in various capacities he was promoted to the post of Assistant Registrar of the Court in 1960 and in 1962 he was promoted to the post of Deputy Registrar. After rendering 41 years of service the petitioner on attaining the age of superannuation retired from service as Deputy Registrar in the afternoon of March 31, 1977. On his retirement the petitioner was accorded pension of Rs. 557/ - per mensem with Rs. 20/ - as dearness allowance in accordance with the provisions of the U.P. Liberalised Pension Rules, 1961, read with the Government order dated June 2, 1965. The petitioner was paid a sum of Rs. 19,575/ - as death -cum -retirement gratuity under the U.P. Retirement Benefit Rules, 1961. Under the new Family Pension Scheme, 1965, an amount of Rs. 150/ - was sanctioned as family pension. The State Government by its order dated September 7, 1979, changed the formula for calculation of pension as a result of which an enhanced amount of pension became payable to those Government servants who retired from service on or after March 31, 1979 The Government further provided additional dearness allowance which was included in pay for the purpose of calculating pension and death -cum -retirement gratuity. By another Government order dated 10 -5 -1978 the amount of death -cum -retirement gratuity was revised which lay down that the pensionary benefits being in the nature of social security scheme the Government was of the opinion that there should be no deduction from the amount of gratuity determined in accordance with the rules. By this order the amount of family pension was revised and increased and the maximum ceiling limit was raised to Rs. 250/ -.

(2.) ACCORDING to the modified rules and the Government orders the petitioner became entitled to higher amount of pension, dearness allowance, gratuity and his family also became entitled to a higher amount of family pension, but none of these benefits are available to the petitioner or his family as the Government order dated 7 -9 -1979 specifically states that the benefit of revised scale of pension is applicable to those Government servants who retired on or after 31st March, 1979. Similarly, the benefit of increased amount of death -cum -retirement gratuity and the family pension are available to those who retired from service with effect from January 1, 1978. Similarly, the benefit of enhanced amount of family pension is available to the family members of the Government servants who retired from service on or after 1.1.1978. In view of the directions contained in the revised rules and orders the petitioner is being denied the benefit of the higher emoluments.

(3.) THE petitioner, who appeared in person, submitted that in denying the revised scale of pension, death -cum -retirement gratuity and family pension to the petitioner the State Government has practised discrimination. He urged that the State Government has created two classes of pensioners, one those who retired on or before 31st March, 1979, or on other specified dates as mentioned in the Government orders and those who retired from service thereafter. The classification made by the Government on the basis of date of retirement has no nexus with the object sought to be achieved and as such the same is violative of Article 14 of the Constitution.