SARAT CHANDRA NAYAK Vs. ORISSA HIGH COURT, CUTTACK

JUDGEMENT

(1.) By means of this writ petition, the petitioner, who was working as a Secretary in the High Court of Orissa and retired from service on attaining the age of superannuation on 30/4/2007, seeks direction to the opposite parties to extend the benefit contained in para-2(2) of the resolution dtd. 19/1/2009 in Annexure-2. He further seeks direction to the opposite parties to grant full pension, taking into account the qualifying service period as 25 years in terms of para-2 of the said resolution, and consequentially release the differential pension amount in his favour within a stipulated time by making revision of the pension.

(2.) The factual matrix of the case, in a nutshell, is that on attaining the age of superannuation the petitioner retired from service w.e.f. 30/4/2007 and consequentially he was granted with pension vide P.P.O. No. 368710. Subsequently, Odisha Revised Scale of Pay Rules came into force w.e.f. 1/1/2006 by the Finance Department, vide resolution dtd. 19/1/2009, allowing revision of pension/family pension w.e.f. 1/1/2006 and gratuity and commutation of pension w.e.f. 1/12/2008. In the said resolution it was indicated that government servants, who have rendered the minimum qualifying service of 25 years, would be entitled to get pension at the rate of 50% of the last emoluments drawn by them on the date of their retirement. As such, the said benefit is also applicable to the government servants retiring on or after 1/12/2008. The maximum limit of Death-cum-Retirement Gratuity was also enhanced to Rs.7.5 lakhs w.e.f. 1/12/2008. But the employees, who retired during the period from 1/1/2006 to 30/11/2008, were granted Death-cum-Retirement Gratuity up to maximum limit of Rs.2.5 lakhs. Therefore, the affected pensioners challenged such action before the State Administrative Tribunal. Consequently, the Government in Finance Department, after being directed for reconsideration of the matter, issued a fresh resolution on 1/4/2011 allowing the maximum limit of Rs.7.5 lakhs on revision of pay to all employees who have retired during the period from 1/1/2006 to 30/11/2008. But, for the government servants, the cutoff date was fixed by the Finance Department as 1/12/2008 with regard to their eligibility to get pension at the rate of 50% with having 25 years of qualifying service. Thereby, the petitioner is grossly aggrieved by such action of the authority and contended that the benefit of ORSP Rules, 2008 having been made applicable w.e.f. 1/1/2006 and the revision of pension and family pension also allowed w.e.f. 1/1/2006, the qualifying service period of 25 years be extended to him to be entitled to get the full pension. Consequentially, he seeks for differential amount of revised pension taking into consideration his 32 years of service for grant of full pension. Hence, this writ petition.

(3.) Mr. S.C. Dash, learned counsel for the petitioner contended that the petitioner, being a retired employee, by virtue of the resolution dtd. 19/1/2009 the benefit has to be extended to him in terms of para-2(2) and 2(3) of the resolution. It is contended that though part of such resolution has been complied with, but so far as qualifying service of 25 years for the purpose of granting full pension is concerned, the same has not been made applicable in respect of the petitioner. Thereby, the authorities have acted arbitrarily and unreasonably. Consequentially, he seeks direction to the opposite parties for extension of the benefit full pension, as admissible to the petitioner, by revising his pension, taking into consideration 25 years of qualifying service.