MOHAMED KASIM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE above two writ petitions challenge G. O. 2d No. 75 Higher Education (D1) Department, dated 3. 7. 1998, and further the petitioners seek re-fixation of their pension benefits by way of a direction.

(2.) THE Court heard the learned Counsel on either side.

(3.) CONCEDEDLY, the petitioner in WP No. 2328/2006 joined service in the third respondent educational institution in the year 1967, while the petitioner in WP No. 31166 of 2005 joined in the same institution in the year 1970. Both were confirmed in 1969 and 1972 respectively. Both retired from service in the year 1995. Their pension was also fixed, and they were actually being paid as per the fixation from the time of their retirement. A G. O. came to be passed which is the impugned one, in G. O. 2d No. 75 Higher Education (D1) Department, dated 3. 7. 1998, whereby re-fixation of the pension was directed to be done on the ground that they did not have the grant till 1979, and hence, for that period, they were not entitled to have the pension benefits on the basis of the salary what was paid to them at that time, and hence, it was to be re-fixed. While the matter stood thus, in some of the cases, they were re-fixed, and the aggrieved parties have challenged before this Court.