STATE OF TRIPURA Vs. TRIPURA GOVERNMENT PENSIONERS ASSOCIATION

JUDGEMENT

(1.) Heard learned Advocate General with Mr. S. Chakraborty, learned Government Advocate appearing for the State of Tripura the review Petitioners and Mr. D.K. Biswas, learned counsel with Mr. S. Lodh, learned counsel appearing for the respondent/The Tripura Government Pensioner's Association.

(2.) The present review petition preferred under chapter X of Gauhati High Court Rules is for reviewing the Judgment and Order dated 25.06.97 passed by Division Bench of this Court in Writ Appeal No. 330/97, affirming the Judgment and Order dated 22.04.97 passed by a learned Single Judge of this Court in C.R. No. 259/ 95 preferred by "The Tripura Government Pensioner's Association" (in short called "Writ petitioners's Association" hereinafter.).

(3.) In order to appreciate the background of filing the review petition, it is necessary to know the facts and circumstances of the writ appeal as well as the Writ petition in conspectus as follows :- (i) The State Government of Tripura Finance Department vide notification dated 08.08.78 adopted Central Civil Services (Pension) Rules, 1972, in short called 'CCS (Pension) Rules, 1972' with certain modification for the benefit of its retired employees and by subsequent notification dated 02.07.92 adopted the provisions of Government of India's notification No. 42(30)-P & PW/89-E dated 22.01.91 regarding CCS (Pension) Amendment Rules, 1991 introducing 'Rule 55A' in 'CCS (Pension) Rules, 1972' providing for Dearness Relief on Pension/Family pension. The Clause 2(1) of Government of India's notification dated 22.01.91 is extracted as below: "Relief against price rise may be granted to the pensioners and family pensioners in the form of deamess relief at such rates and subject to such conditions as the Central Govt. may specify from time to time." (ii) The Writ petitioners Association preferred a Writ petition (C.R. No. 259/ 95) before this High Court (Single Judge) contending in paragraph 13 of same as below: "Notification dated 08.08.1978 adopting C.C.S. (Pension) Rules, 1972 after the amendment in Rule 55-A has to be read as 'relief against price may be granted to be pensioners and family pensioners in the form of Dearness Relief at such rate and subject to such conditions as State Government may specify from time to time." (iii) A prayer was also made for issuance of writ in the nature of mandamus directing the State Government to pay dearness relief at the rate applicable to the Central Government pensioners particularly after adoption of amendment of the Pension Rules. The Writ petition after adjudication was allowed by the High Court (Single Judge) on 22.04.97 with direction to pay the pensioners, Dearness Relief at the rate applicable to the Central Government pensioners and to clear 42% of the unpaid Dearness Relief by a certain date. In the saidjudgment, the learned Single Judge also noted that as on 01.04.1995, the State Government had paid Dearness Relief up to 83%, whereas, the Central Government had paid Dearness Relief up to 125% as on 01.04.1995 and there was a clear gap of 42% between the Dearness Relief paid by the State Government and what had been paid by the Central Government and therefore this Court directed the State Government to pay 20% of the unpaid Dearness Relief by 22.06.1997 and the balance 22% of the Dearness Relief by 22.08.1997. It is also necessary to quote relevant para graph 26 and 28 of the order dated 22.04.97 which reads as below: