ANANT SADASHIV GHANGURDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THERE are very few cases where, at the end, everyone goes back from the Court satisfied and the Court has also the real satisfaction of having done substantial justice. This is one such case which was initially taken up as a suo motu public interest litigation on receipt of a representation dated 8th April 1999 from one Anant Sadashiv Ghangurde and 9 others seeking issue of writ of mandamus compelling Government of Maharashtra to implement the Pension Scheme as envisaged by the Central Government for its pensioners to the pensioners of the Government of Maharashtra.

(2.) WHILE adopting Government of Indias orders relating to revision of pension based on the recommendation of the Fifth Pay Commission, considering financial constraints faced by the Government of Maharashtra, it decided not to adopt Government of Indias orders relating to revision of pensionary benefits with effect from 1st January 1996 in toto. The Government decided that the pensioners of pre-1996/post-1996 will actually be paid pension with effect from 1st July 1999. In substance, the effect of the decision was that no arrears of pension for the period from 1st January 1996 to 30th June 1999 will be paid.

(3.) CONSIDERING the fact that it is not just and equitable to deprive the pensioners of the arrears of pensionary benefits, we directed the Government to re-consider the matter and in case of financial constraints, the Government may pay the arrears in instalments in reasonable period in the near future.