STATE OF WEST BENGAL Vs. WEST BENGAL GOVERNMENT PENSIONERS ASSOCIATIONS
LAWS(SC)-2002-1-25
SUPREME COURT OF INDIA (FROM: CALCUTTA)
Decided on
January 07,2002
STATE OF WEST BENGAL
Appellant
VERSUS
WEST BENGAL GOVERNMENT PENSIONERS' ASSOCIATIONS
Respondents
Referred Judgements :-
D S NAKARA VS. UNION OF INDIA [REFERRED]KRISHENA KUMAR BALBIR SINGH DESH RAJ KOHLI R N MUBAYI PRESIDENT ALL INDIA RETIRED RAILWAYMEN P F TERMS ASSOCIATION BRIJ MOHAN KAUL K RAVI VERMA VS. UNION OF INDIA [REFERRED 9.]
INDIAN SERVICES LEAGUE VS. UNION OF INDIA [REFERRED 8.]
UNION OF INDIA VS. P N MENON [REFERRED 7.]
COMMANDER HEAD QUARTER CALCUTTA VS. CAPT BIPLABENDRA CHANDA [REFERRED 6.]
K L RATHEE VS. UNION OF INDIA [REFERRED 5.]
V KASTURI VS. MANAGING DIRECTOR STATE BANK OF INDIA BOMBAY [REFERRED 4.]
UNION OF INDIA VS. VIJAYAPURAPU SUBBAYAMMA [REFERRED 3.]
SUBRATA SEN VS. UNION OF INDIA [REFERRED 2.]
Cited Judgements :-
Pradip Kumar Lenka VS. Orissa Power Generation Corporation Ltd. [LAWS(ORI)-2007-7-73] [REFERRED TO]SYNDICATE BANK VS. CELINE THOMAS [LAWS(KER)-2005-8-34] [REFERRED TO]
KUMBAIAH VS. STATE OF KARNATAKA [LAWS(KAR)-2012-11-78] [REFERRED TO]
STATE OF W B VS. MADAN MOHAN GHOSH [LAWS(CAL)-2004-10-14] [RELIED 0N (PARA 6)]
N EASWARAN NAMBOOTHIRI VS. TRANVANCORE DEVASWOM BOARD [LAWS(KER)-2018-7-548] [REFERRED TO]
STATE OF MANIPUR AND ANR. VS. MANIPUR STATE TRANSPORT PENSIONERS WELFARE UNION AND ORS. [LAWS(GAU)-2010-8-129] [REFERRED TO]
U P RAGHAVENDRA ACHARYA VS. STATE OF KARNATAKA [LAWS(SC)-2006-5-26] [REFERRED TO]
NILAMANI MOHANTY VS. STATE OF ORISSA [LAWS(ORI)-2009-10-12] [REFERRED TO]
K S KRISHNASWAMY VS. UNION OF INDIA [LAWS(SC)-2006-11-57] [REFERRED TO]
PRINCIPAL SECRETARY TO GOVERNMENT FINANCE AND PLANNING DEPARTMENT VS. A P PENSIONERS SAMAJ [LAWS(SC)-2007-1-60] [REFERRED TO]
P.C. JAIN VS. UNION OF INDIA AND ORS. [LAWS(P&H)-2015-9-481] [REFERRED]
A N G R AGRICULTURAL UNIVERSITY RETIRED TEACHER VS. GOVERMENT OF A P [LAWS(APH)-2004-7-112] [REFERRED TO]
KOCHANIYAN VS. COCHIN PORT TRUST [LAWS(KER)-2003-10-63] [REFERRED TO]
GRIHA NIRMAN MANDAL ADHIKARI VS. MADHYA PRADESH HOUSING BOARD [LAWS(MPH)-2013-4-121] [REFERRED TO]
M.C. SINGLA AND OTHERS VS. UNION OF INDIA AND OTHERS. [LAWS(P&H)-2012-4-221] [REFERRED TO]
PREM LATA DEVI VS. STATE OF U P [LAWS(ALL)-2009-5-106] [REFERRED TO]
IFCI RETIREES WELFARE FORUM VS. IFCI LIMITED [LAWS(DLH)-2022-3-120] [REFERRED TO]
KAILASH CHAND SHARMA VS. UNION OF INDIA [LAWS(DLH)-2007-10-107] [REFERRED TO]
STATE BANK OF INDIA AND ORS VS. STATE BANK OF INDIA UNION OF INDIA; RESERVE BANK OF INDIA [LAWS(KAR)-2013-9-514] [REFERRED]
ADIKANDA BHATTA VS. STATE OF ORISSA [LAWS(ORI)-2017-8-7] [REFERRED TO]
NIRMALYA BHATTACHARJEE VS. STATE OF MEGHALAYA [LAWS(MEGH)-2022-7-1] [REFERRED TO]
PRABHUDAS C. BAROT AND 12 ORS. VS. STATE OF GUJARAT AND 2 ORS. [LAWS(GJH)-2017-6-139] [REFERRED TO]
MAHENDRA KUMAR SRIVASTAVA VS. AJAI KUMAR SRIVASTAVA [LAWS(ALL)-2021-9-139] [REFERRED TO]
FEDERATION OF RETIRED LIC CLASS I OFFICER VS. UNION OF INDIA [LAWS(DLH)-2017-9-10] [REFERRED TO]
INDIAN OVERSEAS BANK VS. C.R.CHANDRASEKARAN [LAWS(MAD)-2013-6-70] [REFERRED TO]
SQN LM K BAKSHY VS. UNION OF INDIA [LAWS(RAJ)-2004-1-46] [REFERRED TO]
D B KAUSER VS. UNION OF INDIA [LAWS(ALL)-2003-4-159] [REFERRED TO]
ISHWAR DASS SOOD VS. STATE OF H.P. [LAWS(HPH)-2003-7-14] [REFERRED]
SUDHANGSHU KR BHATTACHARJEE, RETIRED READER VS. STATE OF TRIPURA [LAWS(GAU)-2011-4-85] [REFERRED TO]
NB SUB RAVINDER KUMAR VS. UNION OF INDIA [LAWS(P&H)-2006-8-482] [REFERRED]
EXECUTIVE OFFICER TIRUMALA TIRUPATHI DEVASTHANAM VS. B M SUBBUSWAMY [LAWS(APH)-2005-12-78] [REFERRED TO]
PANNA LAL SINGH VS. STATE OF U P [LAWS(ALL)-2003-11-148] [REFERRED TO]
JUDGEMENT
Ruma Pal, J. -
(1.)The issue to be decided in this appeal is whether the decision of this Court in D. S. Nakara vs. Union of India, (1983) 1 SCC 305, obliges the appellant to pay pension calculated on the revised scales of pay under the West Bengal Services (Revision of Pay and Allowances) Rules, 1990, to all the erstwhile employees of the State Government irrespective of their date of retirement.
(2.)The West Bengal Services (Revision of Pay and Allowances) Rules, 1990 (referred to hereafter as the 1990 'ROPA Rules'), inter alia, revised the pay scales of State Government employees w.e.f. 1st January, 1986. It covered those employees who were in service on 1-1-1986 even though such employees may have retired before the 1990 ROPA Rules were in fact published. As far as these retired employees were concerned, their pay could only be revised notionally and a memorandum was issued on 25th April, 1990 giving them pensionary benefits calculated on the basis of such notionally revised scales of pay.
(3.)The notification was challenged by the respondent-association, the members of which are all pre 1986 retirees. They filed a writ petition before the Calcutta High Court claiming that they too were entitled to the same benefits as the post 1986 retirees. The petition was disposed of by a learned single Judge by directing the Secretary of the Finance Department to consider the claim of the association in the light of the judgment in D. S. Nakara, after giving the association a chance of being heard and by passing a speaking order.
(2.)The West Bengal Services (Revision of Pay and Allowances) Rules, 1990 (referred to hereafter as the 1990 'ROPA Rules'), inter alia, revised the pay scales of State Government employees w.e.f. 1st January, 1986. It covered those employees who were in service on 1-1-1986 even though such employees may have retired before the 1990 ROPA Rules were in fact published. As far as these retired employees were concerned, their pay could only be revised notionally and a memorandum was issued on 25th April, 1990 giving them pensionary benefits calculated on the basis of such notionally revised scales of pay.
(3.)The notification was challenged by the respondent-association, the members of which are all pre 1986 retirees. They filed a writ petition before the Calcutta High Court claiming that they too were entitled to the same benefits as the post 1986 retirees. The petition was disposed of by a learned single Judge by directing the Secretary of the Finance Department to consider the claim of the association in the light of the judgment in D. S. Nakara, after giving the association a chance of being heard and by passing a speaking order.
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