ARJUN KRISHNA GOLATKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioners by this Petition filed under Article 226 of the Constitution of India challenge the order passed by the Maharashtra Administrative Tribunal (hereinafter referred to as 'Tribunal' for short) passed in TA No. 2/2011 whereby the Tribunal rejected the TA filed by the petitioners. In TA No. 2/2011, the petitioners challenged the order dtd. 05/05/2009 passed by the State Government whereby the State Government has fixed revised pension pursuant to 6th Pay Commission recommendations of persons who retired prior to 01/01/2006. By another resolution dtd. 22/06/2009, a decision regarding revision of pension/ family pension of post 01/01/2006 retirees was taken and they have been granted 50% pension of the salaries or average emoluments whereas the pensioners who have retired prior to 01/01/2006, the pension has been increased by 40%. In the submission of the learned Counsel for the petitioners this is without any basis, justification and is a clear case of hostile and arbitrary discrimination. Learned Counsel for the petitioners heavily relied on the decision of the Apex Court in the case of D.S.Nakara and ors. Vs.Union of India (1983) 1 Supreme Court Cases 130.

(2.) Learned Counsel for the petitioners pointed out that the petitioners have retired from the post of Joint Secretaries Class I prior to 01/01/2006 while working in the various departments of Mantralaya of the State Government. Around 20 to 25 posts of Joint Secretaries throughout Mantralaya department were filled in by promotion of Deputy Secretary upon completion of 3 years of service based on seniority-cummerit. The petitioners were governed by the Maharashtra Civil Services Pension Rules, 1982 ('Pension Rules' for short) issued under Article 309 of the Constitution of India and they have received 50% pension based on prevailing pension formula under Pension Rules i.e. "50% full pension of pensionable pay i.e. last 10 months average pay coupled with not less than 33 years of qualified service." The petitioners were getting basic pension of Rs.7150.00 and consolidated pension of Rs.12977.00 including 50% DP and 21% DA on 31/12/2015 i.e. before inception of 6th Central Pay Commission.

(3.) Learned Counsel for the petitioners pointed out that prior to 1978, the State Government used to appoint its own pay commissions. In the year 1978-79, the State Government took a policy decision that it would not appoint any State Pay Commission and recommendations of the Central Pay Commission would be adopted. The recommendations of the 4th Central Pay Commission in respect of revision of pension were implemented by Central Government with effect from 01/01/1986 by Office Memorandum dtd. 14/04/1987. The Government of India applied 4th Central Pay Commission (CPC for short) recommendations for rationalization of pension structure to all the pensioners who retired after 01/01/1986 as well as those who retired before 01/01/1986 by order dtd. 16/04/1987.