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Manipur government employees to get same pension irrespective of the date of retirement; SC.

Supreme Court of India

Justice M R Shah and Justice A S Bopanna

The Supreme Court {All Manipur Pensioners Association versus State of Manipur} holds that the Office Memorandum dated 21st of April 1999 of state government, revising the quantum of pension of only those employees who had retired on or after 1st of January 1996, is illegal, unconstitutional and in violation of Article 14 of the Constitution of India. It was held that the said OM had differentiated between the equals in the same class, that is, the pensioners, as those who had retired before 1st of January 1996 shall be entitled at a lower percentage of pension then those who had retired after that.

Initially, the single judge of the high court had granted the relief to the appellant. But the same was reversed by the division bench of the High Court, against which, the appellant had moved the Supreme Court. It was held that there is no valid justification to create two classes, namely, one who retired pre-1996 and another who retired post-1996, for the purpose of grant of revised pension. It was held that such a classification has no nexus with the object and purpose of grant of benefit of revised pension, as all the pensioners form one class, who are entitled to pension as per the pension rules.

It was held that in the present case the classification in question has no reasonable nexus to the objective sought to be achieved, while revising the pension, as the pensioners form a single class, and therefore, such a classification for the purpose of grant of revised pension is unreasonable, arbitrary, discriminatory and violative of Article 14 of the Constitution of the India. Further, held that increase in the cost of living would affect all the pensioners irrespective of whether they have retired pre-1996 or post-1996, therefore, classification on the basis of cut off date, amongst the equals, make them treated as unequals, and therefore, such a classification, which has no nexus with the object and purpose of revision of pension, is violative of Article 14 of the Constitution of India.

Finally, it was held that the reason given by the State Government for doing so, is budgetary constraint, which in law, is no ground to do so. Therefore, while setting aside the order of the division bench of the High Court, it was held that all the pensioners, irrespective of their date of retirement, shall be entitled to revision in pension at par with those pensioners who retired post 1996. The Appeal was accordingly allowed.

 

 

 

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