BHAGALPUR DISTRICT PENSIONERS SAMAJ Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner of this application is an association of pensioners and a prayer has been made to quash a part of the resolution dated 6-5-1986 issued by the Finance Department, Government of Bihar, applying the Liberalised Pension Scheme to Government servants who retired prior to 1-4-1979.

(2.) By the aforesaid resolution, the State Government has notified that since Government of India have extended the benefit of the Liberalised Pension Formula to their pensioners who were in receipt of the pension, as on 1-4-1979, on the basis of the judgment of the Supreme Court, the State Government has also decided that the benefit of the Liberalised Pension Formula (Slab System) may be extended to all pensioners who were in receipt of the pension, as on 1-4-1979. In that very resolution, other details regarding the application of the Liberalised Pension Formula to persons who have retired prior to 1-4-1979 have been set out. The petitioner has grievance in respect of Paragraph 3 of aforesaid resolution dated 6-5-1986, which is as follows :

(3.) According to the petitioner, when the State Government accepted in principle to extend the pensionery benefits of Liberalised Pension Formula (Slab System), on the lines of the decision taken by the Government of India, there was no justification to release the arrears to which the pensioners were entitled for the period 1-4-1979 and 31-12-1985 in instalments. The more serious challenge was made in respect of the other part of Paragraph 3 of that resolution which says that there will be no revision/ in respect of temporary increases and relief in pension which have already been allowed to pensioners between 1-4-1979 to 31-12-1985. On behalf of the petitioner it was pointed out that the decision not to allow the revision in respect of temporary increases and relief in pension which have already been allowed to the pensioners between 1-4-1979 to 31-12-1985 has been taken only in respect of such persons who retired from the Government service prior to 1-4-1979, whereas those who have retired on or after 1-4-1979 the aforesaid bar is not applicable to them, which amounts to discriminating the petitioner without there being any rational basis.