KH. CHAOBA SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) This writ petition has been filed to quash the Office Memorandum dtd. 24/12/2021 issued by the first respondent regarding payment of increased pension/family pension on revision of pay from 1/11/2010 and to direct the respondents to pay the revised pension with effect from 1/10/2009 instead of 1/11/2010 to the petitioners 1 to 13; with effect from 1/3/2010 instead of 1/11/2010 to the petitioners 14 to 16; with effect from 1/7/2010 instead of 1/11/2010 to the 17th petitioner and with effect from 1/10/2009 to the petitioners 18 and 19 instead of 1/11/2020as has been done in the case of other State Government pensioners.

(2.) Heard Mr.S.Samarjeet Singh, learned counsel for the petitioner and Mr.Y.Ashang, learned Government Advocate for the respondents.

(3.) The case of the petitioners is that they are retired teachers/equivalent cadre of the Government Colleges under the Department of Higher and Technical Education. By a notification dtd. 5/5/2010 issued by the Finance Department, the Manipur Services (Revised Pay) Rules, 2010 [for short, "the Rules of 2010"} came into force notionally from 1/10/2006 with cash payment from 1/4/2010. After introduction of the Rules of 2010, the State Government issued an Office Memorandum dtd. 5/5/2010 modifying the Rules regulating pension/family pension etc. The second respondent issued an order dtd. 20/9/2021 for grant of arrears of pension/family pension in respect of those Government employees who retired or expired prior to 1/10/2009 for 6 months from 1/10/2009 to 31/3/2010 in two equal installment subject to the condition that the arrears of pension/family pension during the period from 1/1/2006 to 30/9/2009 should be only the difference between the revised basic pension/basic family pension and the pre-revised basic pension/family pension plus dearness allowance.