- (1.) THE new writ petition has been filed praying, inter-alia. (a) A rule be issued calling upon the respondents and each of them their servants, agents and subordinates to show cause as to why- (i) A writ of and/or to the nature of Mandamus should not be issued by quashing the in equal treatment between the employees/officers who retired before 1. 1. 1986 and who retired on and from 1. 1. 1986 prescribed in the memoranda being Annexures A, A1, A2, A3 and B hereof and treat the petitioners on the same footing irrespective of the date of retirement in respect of pension and other pensionary benefit (ii) A writ of and/or in the nature of certiorari should not be issued calling upon the respondents to bring all the records and proceedings relating to the matter before this Hon'ble court so that the same can be quasshed in the manner as indicated in clause (i) above to do conscionable justice in the matter. ill) Any other appropriate writ or writs should not be issued so that the inequality in treatment not be issued so that the inequality in treatment in allowing pension to the petitioners who retired prior to 1st January, 1986 would be made the same with those who retired or will retire on and from 1st january, 1986. (b) In absence of showing cause or reasonable cause the rule that may be issued be made absolute. (c) An order be passed directing the respondents and each of them, their servants agents and/or subordinates to pay interest at the rate of 12% on the deferred pension amount which have been wrongfully withheld and not paid to the petitioners so far. (d) An order be passed directing the respondents and each of them, their servants, agents and/or subordinates to grant and pay the same rate of pensions are being granted to the officers/employees who retired on and from 1st January, 1986 pending the final disposal of the application. (e) Ad interim order in term of prayer (d) above. (f) Costs and incidentals to this application be directed to be paid by the respondents. (g) Such further order be passed and/or direction to be given as may seem fit and proper to this Hon'ble Court.
(2.) IT is stated in details that the petitioner No. 1 is a registered association and the said Association was formed by the retired officials of the Government of West Bengal. The petitioners Nos. 2 and 3 are pension holders It is stated in details that the members of the Association have been retired prior to 1. 1. 1986 and that are not being granted liberalised pension and/or equal pension with other retired officials of the respondent no. 1. There is a discrimination with those members who retired on and after 1. 1. 1986.
(3.) IT is placed on record that the petitioners by a letter dated 22. 4. 1991 addressed to the Secretary. Finance Department and referring to a discussion held on 5 the March, 1991 between the secretary of the said association and the said joint secretary sent a comparative chart showing the differences of the monthly pension of the Government employees who retired in 1971 or 1975 and who retired in 1981 and 1984. The petitioner mainly relied upon the decision the Hon'ble Supreme Court reported in AIR 1983 SC 130 (D. S. Nakara and Ors. v. Union of India ). It is submitted that the the acts done or caused to have been done by the respondents are irregular and illegal in not considering the claim of the petitioners and being aggrieved the petitioner have come to this Court seeking reliefs as indicated above on the grounds that the purported memoranda sought to be applied to the petitioner differently as to who retired prior to 1. 1. 1086 as against those who retired after 1. 1. 1986 is irregular and illegal. It is highlighted that the treatment of the petitioner by the said memoranda's contrary to law and violative of the principle of equality as contained in the constitution of India.;