Anant Sadashiv Ghangurde and others v. State of Maharashtra
1999-08-24
S.H.KAPADIA, Y.K.SABHARWAL
body1999
DigiLaw.ai
JUDGMENT - P.C.:---There are very few cases where, at the end, everyone goes back from the Court satisfied and the Court has also the real satisfaction of having done substantial justice. This is one such case which was initially taken up as a suo motu public interest litigation on receipt of a representation dated 8th April 1999 from one Anant Sadashiv Ghangurde and 9 others seeking issue of writ of mandamus compelling Government of Maharashtra to implement the Pension Scheme as envisaged by the Central Government for its pensioners to the pensioners of the Government of Maharashtra. 2. While adopting Government of India's orders relating to revision of pension based on the recommendation of the Fifth Pay Commission, considering financial constraints faced by the Government of Maharashtra, it decided not to adopt Government of India's orders relating to revision of pensionary benefits with effect from 1st January 1996 in toto. The Government decided that the pensioners of pre-1996/post-1996 will actually be paid pension with effect from 1st July 1999. In substance, the effect of the decision was that no arrears of pension for the period from 1st January 1996 to 30th June 1999 will be paid. 3. Considering the fact that it is not just and equitable to deprive the pensioners of the arrears of pensionary benefits, we directed the Government to re-consider the matter and in case of financial constraints, the Government may pay the arrears in instalments in reasonable period in the near future. 4. We place on record our appreciation for the approach of Dr. D.Y. Chandrachud, Additional Solicitor General of India. The learned Counsel strongly recommended to the Government that the pensioners should not be denied the arrears for the period from 1st January 1996 to 30th June 1999. It is a matter of satisfaction to note that the Government accepted the recommendation and suggestion of Dr. Chandrachud but while taking decision regarding arrears, the Government decided that considering the financial position, it may not be possible to meet the burden of arrears bill during the current financial year. The Government has decided to pay the arrears for the period from 1st January 1996 to 30th June 1999 to all the pensioners in five annual installments out of which the first installment has been decided to be paid during the current financial year. 5.
The Government has decided to pay the arrears for the period from 1st January 1996 to 30th June 1999 to all the pensioners in five annual installments out of which the first installment has been decided to be paid during the current financial year. 5. Considering the advanced age of various pensioners and also keeping in view various beneficial provisions being made for senior citizens, particularly during the current year, we expressed that five years period for payment of instalments would be little too long for those who are in more need of financial assistance after having retired from Government service. Once again, the approach adopted by the learned Additional Solicitor General, after discussion with senior officers who were present in Court has been very positive, in that, the aspect of the period during which the arrears may be paid was left to the discretion of this Court. 6. Having regard to the totality of the circumstances, we are of the view that the arrears for the period from 1st January 1996 to 30th June 1999 be paid to all the pensioners in three equal annual installments, out of which the first installment shall be paid during the current financial year and the next two installments in two financial years to follow. 7. The writ petition of Shri Anant S. Ghangurde and others and the connected writ petition as also the Civil Application are disposed of in the above terms. 8. It is understood and has been accepted by the learned Additional Solicitor General that in the case of those who have unfortunately died during this period, their heirs would be paid the arrears of pension. Petition allowed.