SADHAN RANJANDEY CHOUDHURY Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Having granted monetary benefit of revised pay scale to an employee, on the date of his retirement, in accordance with relevant Rules, whether the Govt of Mizoram can withdraw the benefit of such pay scale from the pension of such an employee by subsequent modifications in the application of the revised pay scale to such an employee is the moot question, which the present writ petition has raised.

(2.) In a narrow compass, the case of the petitioner may be put as follows: (i) The petitioner joined as a Member of Mizoram Finance and Accounts Services, in the post of Accounts Officer, on 30.3.1976 and he retired, on superannuation, as Director, Accounts and Treasury, Mizoram on 1.2.1996. On retirement, the pension of the petitioner was settled by the Accounts and Treasury Department under the Central Civil Services (Pension) Rules, 1972. The Govt of Mizoram does not have any pension rules of its own and, as such, has adopted the Central Civil Services (Pension) Rules, 1972, without any modification in accordance the powers vested in it by Mizoram Adoption of Laws Order (No.2) 1987. The Fifth Central Pay Commission recommended a revised central pay scale and the Govt of Mizoram vide its notification, dated 26.8.98 (Annexure 1 to the Additional Affidavit of the writ petitioner) granted the revised scale of pay to its employees with effect from 1.1.96. This notification was issued in exercise of powers under Article 309. The Govt of India, Ministry of Personnel, Public Grievances and Pensions, Department of Pension & Pensioners' Welfare, issued a circular dated 17.12.98 (Annexure C to the writ petition) stating to the effect that so far as persons governed by the CCS (Pension) Rules, 1972, are concerned, the pension of the pensioners, irrespective of their date of retirement, shall not be less than 50% of the minimum pay in the revised scale of pay introduced with effect from 1.1.96. Thereafter, by another notification dated 9.7.99 (Annexure B to the writ petition) issued in exercise of powers under Article 309 of the Constitution of India, Mizoram Civil Services (Revised Pay) Rules, 1999, were framed with retrospective effect from 1.1.96. These Rules provided that for all the employees and new pensioners to whom these Rules shall apply, scale of the revised pay would be effective from 1.1.96 for the purpose of notional fixation of pay and pensionary benefits, while the actual monetary benefits shall be available only with effect from 1.5.99. In exercise of powers under Article 309, the Govt of Mizoram framed yet another set of Rules known as Central Civil Services (Revised Pay) (Extension to State Govt Employees of Mizoram) Rules, 1999, making the same effective from 1.1.96. These Rules were given overriding effect on all the relevant Rules including the Mizoram Civil Services (Revised Pay) Rules, 1999. By office memorandum No.G. 19011 /23/99-F. APF-I, dated 15.10.1999, it was notified that the revised provisions would be applicable to the cases of Govt servants, who stood retired on or after 1.1.96, notionally with effect from 1.1.96 and with actual monetary benefits from 1.5.99. The pay of the petitioner has been revised as per recommendations of the Fifth Central Pay Commission wef 1.1.96, but the monetary effect of such revised pay scale has been given to him only with effect from 1.5.99. (ii) Feeling aggrieved by the denial of monetary benefits, which the notification, dated 26.8.98, aforementioned had given to the petitioner, the petitioner has now, approached this Court with the help of the present application made under Article 226 of the Constitution of India seeking, inter alia, issuance of writ (s) commanding the respondents to pay the differences in the salary of the petitioner for the month of January, 1996, in accordance with the revised pay scale as per the recommendations of the Fifth Central Pay Commission and for payment of the arrears of the difference in pension wef 1.2.96 to 30.4.99.

(3.) The respondents have contested the case by filing their affidavit-in- opposition, their case being in brief, thus : The notification dated 26.8.98, gave merely interim relief of revised pay scale to the employees concerned and the same were subject to the financial benefits, which have been given to them by notification dated 9.7.99 (Annexure B to the writ petition) aforementioned. As per the notification, dated 4.10.99, aforementioned the revised pay scale was only notionally made applicable to all the Govt employees including those, who had retired since after 1.1.96, and the monetary benefit was fixed for all of them had wef 1 st of May, 1999. Though whatever monetary benefits of pay scale a Govt servant receives on the day of his retirement cannot be reduced, yet in the case at hand, since the benefit of revised pay scale was not actually received by the writ petitioner on 1.2.96 i.e., the date on which he retired, the petitioner is not entitled to receive monetary benefits of the revised pay scale wef 1.2.96.