- (1.) These appeals have been filed against the impugned judgment dated 23.12.2003 of the Andhra Pradesh High Court in Writ Petition Nos. 16719 and 18490 of 2003.
(2.) The respondents in this appeal had filed O.As before the Andhra Pradesh Administrative Tribunal seeking a direction to the State Government to extend the benefits of G.O.Ms. No.87, Finance & Planning (FW.Pen.1) Department, dated 25.5.1998 to all the pensioners irrespective of their date of retirement and also to compensate the loss sustained by the applicants. It was contended therein that the pension was calculated on the basis of ten months average pay and the petitioners have been getting the said pension ever since the date of their retirement. However, the Government issued G.O.Ms. No.87 dated 25.5.1998 revising the fixation of pension on the basis of the last drawn pay treating it as emoluments for the purpose of pension. Hence, it was contended that their pensions had to be re-fixed in terms of G.O.Ms. No.87 dated 25.5.1998 and the same should be released from the date of their respective retirements. The Tribunal by its order held that though the pensioners are entitled for re-fixation of their pension in terms of G.O. Ms.No.87 dated 25.5.1998 they were not eligible for any arrears that accrued prior to 25.5.1998. The said order was challenged by the State Government in the Writ Petitions.
(3.) The State Government contended that the revised fixation of pension on the basis of last drawn pay was applicable to those pensioners who retired on or after 25.5.1998 and it cannot be made applicable to the persons who retired prior to that date and that the Government has power to fix a cut off date, which cannot be interfered with by the Court. Learned counsel for the State Government referred to several decisions of this Court in support of his contention.;