GOVERNMENT PENSIONERS ASSOCIATION Vs. STATE OF TRIPURA

JUDGEMENT

(1.) By this writ petition under Article 226 of the Constitution of India, the petitioner challenged the office memorandum No. F.8(II)-FIN(G)/99 dated 25.3.1999 and also sought for a direction allowing the equali retiral benefit to all the pensioners who retired on any date between 1.10.1998 and 31.12.1998 at per with those who retired between 1,1.1996 and 30.9.1998

(2.) The case in short is that the Government of Tripura, the respondent No. 1 in exercise of power under the proviso to Article 309 of the Constitution of India made a Rules called

(3.) The State respondent filed counter contending inter alia, that the State Government having full competence fixed a cut off date for different treatment to be extended to the employees retired up to 30.9,1998 and the employees retired with effect from 1.10.1998 so far the actual payment of pensioner benefit is concerned though so far fixation of pensionary benefit, of course, notional basis is concerned. no classification was made. The counter affidavit contains that the said classification has been done in conformity and consistent with the classification already done by the ROP 1999 and that was done having regard to the financial crunch of the State exchequer. But, since the related provision of ROP, 1999 have not been put under challenged, the office memorandum being a follow up clarificatory memo cannot be put under challenge without having challenged the original provision providing in the ROP, 1999.