RAO SAHEB PANTHARE Vs. STATE OF M.P

JUDGEMENT

(1.) As the similar issue is involved in all the petitions, therefore, they are being decided by this common order.

(2.) As per the claim made in all the petitions and in support of the same the pleadings made therein, the core issue involved in the case is whether discrimination in between pensioner though they legally belong to the single class is permissible by making 'class within class' on the ground that a part of the pensioners, who were retired prior to 1/1/2006 and remaining part retired on or after 1/1/2006 for the purpose of granting arrears of pension w.e.f. 1/1/2006.

(3.) As per the petitioners, they belong to category retired before 1/1/2006, but, they are being deprived of the benefit of arrears of pension making fixation erroneously, which is against the recommendation of 6th Pay Commission accepted by the Government. As per the petitioners, the respondents denied the benefit of the said Pay Commission to the petitioners for the reasons that the same came into effect w.e.f. 1/1/2006 whereas the petitioners have retired prior to that and accordingly they are not entitled to get the benefit of the same. The respondents have taken a stand that as per the gazette notification dtd. 10/9/2008 (Annexure P/1), the benefit of the said Pay Commission would be granted to the employees retired between 1/1/2006 to 31/8/2008.