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2003 DIGILAW 1365 (AP)

T. Chandrasekhar Reddy v. State Of A. P.

2003-11-06

G.BIKSHAPATHY, S.ANANDA REDDY

body2003
G. BIKSHAPATHY, J. ( 1 ) THE petitioners laid the writ petition seeking writ of mandamus declaring that they are entitled for revised pension at Rs. 4,716. 00 as drawn by the Members of the A. P. Administrative Tribunal (for short Tribunal) and Special Court under Electricity Act and also Dearness Relief with effect from 13. 2. 1996 as revised from time to time with consequential benefits. ( 2 ) THE petitioners worked as Judicial as well as Revenue Members of the Special court constituted under the provisions of a. P. Land Grabbing (Prohibition) Act and they worked for various spells. 4th petitioner is presently working as Judicial Member of special Tribunal. The conditions of service are prescribed by the Rules called conditions of Service Rules for the chairman and Members of the Special Court under A. P. Land Grabbing (Prohibition) special Court Chairman and Members (Conditions and Services) Rules, 1996 (for short rules ). The said rules were framed under Section 16 (1) of the Act and notified in G. O. Ms. No. 176 Revenue (Aandr) department dated 13. 2. 1996. Under Rule 3 of the Rules, the Chairman shall receive pay of Rs. 8,000. 00 and special pay of Rs. 500. 00 per mensem and the member shall receive the salary in the scale of Rs. 7,300-100-7,600 or such scales of pay as are applicable to the chairman and Members of the Andhra pradesh Administrative Tribunal. ( 3 ) FOR the sake of convenience the said Rule 3 is extracted below:"the Chairman shall receive a pay of rs. 8,000/- plus a special pay of Rs. 500. 00 per mensem and a Member shall receive pay in the scale of Rs. ( 3 ) FOR the sake of convenience the said Rule 3 is extracted below:"the Chairman shall receive a pay of rs. 8,000/- plus a special pay of Rs. 500. 00 per mensem and a Member shall receive pay in the scale of Rs. 7,300-100-7,600 per mensem or such scales of pay as are applicable to the chairman and Members of the Andhra pradesh Administrative Tribunal: provided that in the case of an appointment as Chairman, or as the case may be a Member of a person who has retired as a Judge of a higher Court or who has retired from service under the Central Government or a State government and who is in receipt of or has received or has become entitled to receive any retirement benefits by way of pension and or gratuity, or others forms of retirement benefits, the aforementioned pay shall be reduced by the gross amount of pension and pension equivalent of gratuity or any other form of retirement benefits, if any, drawn or to be drawn by him. "with regard to the pension, the same is stipulated in Rule 8 of the Rules, which is extracted below: rule 8: (1) Every person appointed to the Special courts as the Chairman or a Member shall be entitled to pension provided that no such pension shall be payable. (i) If he has put in less than two years of services with the Special Court; or (2) Pension under sub-rule (1) shall be calculated at the rate of rupees Seven hundred per annum for each completed year of service or a part thereof and irrespective of the number of years of service in the Special court the maximum amount of pension shall not exceed rupees two thousand and eight hundred per annum. "however, in this writ petition we are not concerned with the salary and other service conditions of the Chairman for whom apart from Rules 3 and 8, Rule 15 (3) to the extent relevant also gets attracted. We are required to consider only in respect of the members of the Tribunal. ( 4 ) IT is the case of petitioners that the conditions of service of the Chairman and members of Tribunal and the Chairman and members of Special Court under Indian electricity Act are in pan materia with that of the Chairman and Members of the a. P. Land Grabbing (Prohibition) Court. ( 4 ) IT is the case of petitioners that the conditions of service of the Chairman and members of Tribunal and the Chairman and members of Special Court under Indian electricity Act are in pan materia with that of the Chairman and Members of the a. P. Land Grabbing (Prohibition) Court. Initially, while framing the rules, the minimum pension was fixed at Rs. 700. 00 per annum to the Chairman and Members at rs. 700/- Subsequently, the said pension amount was enhanced to Rs. 1,450. 00. In view of the enhancement, the same was made applicable to the Chairman of the Special court A,p. Land Grabbing (Prohibition) Act also. However, the pay scale of the Chairman of the A. P. Administrative Tribunal was enhanced to Rs. 26,000. 00 per mensem and in respect of the Members, the pay scale was enhanced to Rs. 22,400-600-26,000, but the said scales were not made applicable to the Chairman and Members of the Land grabbing Court. Therefore, this Court on a representation suo motu had taken up the matter in WP No. 3281 of 2002 and disposed of the same by an order dated 25. 4. 2002. When the matter was under adjudication, the Government issued G. O. Ms. No. 207, revenue (Aandr) Department, dated 20. 4. 2002, wherein the pay scale of chairman of the Land Grabbing (Prohibition) special Court was fixed at Rs. 26,000. 00 while the pay of the Members was fixed in the scale of Rs. 22,400-600-26,000. In view of the issuance of above G. O. , during the pendency of the Writ Petition, the Division bench disposed of the writ petition directing the respondents to give effect to the said go. Therefore, by virtue of the said GO, the Chairman and Members of the Special court A. P. Land Grabbing (Prohibition) Act became entitled to receive emoluments on par with the Chairman and Members of the Administrative Tribunal and also the special Court under the Indian Electricity act. However, it is the case of the petitioner that in view of the above order, the pension was also required to be revised accordingly under Rule 8 of the Rules. But the pension was not revised on par with that of the Members of the Administrative tribunal, whose pension was fixed at rs. 4,716/- by virtue of G. O. Ms. No. 52, general Administration (SPF. B) Department, dated 31. 1. But the pension was not revised on par with that of the Members of the Administrative tribunal, whose pension was fixed at rs. 4,716/- by virtue of G. O. Ms. No. 52, general Administration (SPF. B) Department, dated 31. 1. 2001. ( 5 ) THE grievance of the petitioners is that even though in the matter of emoluments and pension they are equated with the members of the Administrative Tribunal but in respect of pension, still there exists disparity on account of not amending Rule 8 of the Rules insofar as the Chairman and members of the Land Grabbing (Prohibition) special Court are concerned. Therefore, they seek appropriate directions. ( 6 ) EVEN though sufficient opportunity was given to the Government, no counter was forthcoming. Therefore, the matter was heard on merits. ( 7 ) ). It is the case of the learned counsel for the petitioners when the pay of chairman and pay scale of the Members were revised to Rs. 26,000. 00, they are also entitled for enhancement in pension under Rule 8 of the Rules. The enhancement which is existing in the Rules was only rs. 1,450/- and that was prior to the applicability of the revised scales. When the revised scales of Rs. 22,400-26,000. 00 were applicable to the members of the tribunal, Rule 8 also ought to be simultaneously amended fixing the minimum pension at Rs. 4,716. 00, but same was not amended while issuing G. O. Ms. No. 207, dated 20. 4. 2002. ( 8 ) ON the other hand, the learned government Pleader submits that unless the rules are amended the petitioner cannot be said to have acquired any right for enhanced pension. Therefore, he submits that the writ petition is premature and the same is liable to be dismissed. ( 9 ) THE Government of India in exercise of the powers conferred by subsection (1) read with Section (c) of subsection (2) of Section 35 of Administrative tribunal Act (Central Act 13 of 1985) made the rules called the Andhra Pradesh administrative Tribunal (Salaries and allowances and Conditions of Service of chairman, Vice-Chairman and Members) rules 1988. Rule 3 deals with the pay of chairman and Vice-Chairman and Members of the Tribunal. The said Rule is extracted below:"pay: (1) The Chairman shall receive a pay of rupees eight thousand plus a special pay of rupees five hundred per mensum. Rule 3 deals with the pay of chairman and Vice-Chairman and Members of the Tribunal. The said Rule is extracted below:"pay: (1) The Chairman shall receive a pay of rupees eight thousand plus a special pay of rupees five hundred per mensum. A Vice-Chairman shall receive a pay of rupees eight thousand per mensum. A member shall receive a pay in the scale of Rs. 7300-100-7600 per mensum. " (emphasis added) the entitlement of pension of every person appointed to the Tribunal is stipulated in rule 8, which reads thus: "pension: (1) Every person appointed to the Tribunal as the Chairman or a Member shall be entitled to pension provided that no such pension shall be payable. (1) if he has put in less than two years of service with the Tribunal or (ii) if he has been removed from an office in the Tribunal under sub-section (2) of section 9 of the Act. (2) Pension under sub-rule (1) shall be calculated at the rate of rupees seven hundred per annum for each completed year of service or a part thereof and irrespective of the number of years of service in the Tribunal, the maximum amount of pension shall not exceed rupees three thousand and five hundred per annum, (emphasis added) provided that the aggregate amount of pension payable under this rule together with the amount of any pension including commuted portion of pension (if any) drawn or entitled to be drawn while holding Officer in the tribunal shall not exceed the maximum amount of pension prescribed for a Judge of the High Court," ( 10 ) THEREFORE, as can be seen from the aforesaid provision when the pay of the member was in the scale of Rs. 7,300-100-7,600 the minimum pension payable to him shall be Rs. 700. 00 per annum for each completed year of service and the maximum pension shall not exceed Rs. 3,500. 00 per annum. However, the said scale of pay was again revised as Rs. 7,300-100-7,600 the minimum pension payable to him shall be Rs. 700. 00 per annum for each completed year of service and the maximum pension shall not exceed Rs. 3,500. 00 per annum. However, the said scale of pay was again revised as Rs. 7,300-200-7,500-250-8,000/- subsequently, the Government of india issued amendment to Rule 8 substituting Rule (2) reading thus:" (2) Pension under sub-rule (1) shall be calculated at the rate of rupees one thousand four hundred and fifty per annum for each completed year of service: (emphasis supplied) provided that the aggregate amount of pension payable under this rule together with the amount of any pension including commuted portion of pension, if any, drawn or entitled to be drawn while holding Office in the Tribunal shall not exceed the maximum amount of pension prescribed for a Judge of the High Court. " ( 11 ) THEREFORE, the minimum pension was enhanced to Rs. 1,450. 00 per annum for each completed year of service. However, the Government of India by notification dated 27. 8. 1998 revised the pay of Chairman to Rs. 26,000. 00, for Vice-Chairman to rs. 26,000/- and members in the scale of 22,400-600-26,000. The substituted rule came into force from 1. 1. 1996, which reads thus:"3. Pay : The Chairman shall be entitled to a pay of rupees twenty six thousand plus a special allowance of rupees one thousand per mensem, a Vice-Chairman shall be entitled to a pay of rupees twenty six thousand per mensem and a Member shall be entitled to a pay in the scale of Rs. 22,400-600-26,000 per mensem: provided that in the case of appointment as a chairman, Vice-Chairman or a Member of a person who has retired from service under the Central Government or a State government and who is in receipt of or has received or has become entitled to receive any retirement benefits by way of pension or gratuity or employer s contribution to the contributory provident fund or other forms of retirement benefits, the pay shall be reduced by the gross amount of pension or pension equivalent to gratuity or employer s contribution to the Contributory provident Fund or any, other form of retirement benefits, if any, but excluding pension equivalent to retirement gratuity, drawn or to be drawn by him. " ( 12 ) CONSEQUENT to the enhancement of pay and allowances, the pension was also increased by notification dated 31. 10. 2002 with retrospective effect from 1. 1. 1996. Para (2) of the said notification reads thus:"in Rule 8 of the Andhra Administrative tribunal (Salaries and Allowances and conditions of Service of Chairman, Vice-Chairman and Members) Rules, 1989, in sub-rule (2), for the words "rupees one thousand four hundred and fifty per annum ", the words "rupees four thousand seven hundred and sixteen per annum " shall be substituted. " ( 13 ) THEREFORE, minimum pension was prescribed at Rs. 4,716. 00per annum in place of Rs. 1,450. 00 per annum. Turning to the service Conditions of the Chairman and members of the Special Court constituted under Land Grabbing Act, the Government of Andhra Pradesh in exercise of the powers conferred by sub-section (1) of Section 16 of Land Grabbing Prohibition Act, 1982 (A. P. Act No. 12 of 1982), the Government of Andhra Pradesh framed the Rules called Andhra Pradesh Land Grabbing (Special Court Chairman and Members conditions of Service) Rules 1996. Rule 3 regulates pay of Chairman and Members, which reads thus:"pay : The Chairman shall receive a pay of rupees Eight thousand plus a special pay of rs. 500/- per mensum and a Member shall receive pay in the scale of Rupees 7300-100-7600 per mensum or such scales of pay as are applicable to the Chairman and Members of the Andhra Pradesh Administrative tribunal. " ( 14 ) IT may also be stated that the service conditions of a Chairman and the members of the Tribunal are on pari materia with that of the Chairman and the members of Andhra Pradesh Administrative tribunal. While fixing the pay in Rule 3 itself, it is stated that the Chairman and members of Special Court shall draw the pay as are applicable to members of andhra Pradesh Administrative Tribunal. Correlating to Rule (3) the pension on par with Rule 8 of Andhra Pradesh administrative Tribunal Rules namely rs. 700/- per annum for each completed year of service was fixed in respect of chairman and Members of the Special Court. Further after the pension was increased to the Chairman and members of the Andhra pradesh Administrative Tribunal, the same was carried out in the Rules framed for special Court by issuing G. O. Ms. 700/- per annum for each completed year of service was fixed in respect of chairman and Members of the Special Court. Further after the pension was increased to the Chairman and members of the Andhra pradesh Administrative Tribunal, the same was carried out in the Rules framed for special Court by issuing G. O. Ms. No. 351, revenue (Aandr) Department, dated 22. 5. 1996, wherein the minimum pension was fixed at Rs. 1,450/ -. Sub-rule (2) of rule 8 is substituted, which is extracted below: "for sub-rule (2) of Rule 8 of the said rules the following shall be substituted, namely:" (2) Pension under sub-rule (1) shall be calculated at the rate of 1,450/- (rupees one thousand and four hundred and fifty only) per annum for each completed year of service: provided that the aggregate amount of pension payable under this rule together with the amount of pension including commuted portion of pension, if any, drawn as entitled to be drawn while holding office in the tribunal shall not exceed the maximum amount of pension prescribed for a Judge of the High Court. " ( 15 ) WHEN the pay of the Chairman and the pay scales of Members of the Andhra pradesh Administrative Tribunal was enhanced to Rs. 26,000. 00 and pay scale of rs. 22,400-26,000 respectively, the same was not extended to the Chairman and the members of the Special Court under Land grabbing Act. Therefore, representations were made. Ultimately, when there was no positive response, this Court has taken up the matter on a representation made by the Registrar, Land Grabbing Court. When the matter was pending adjudication before this Court, the Government issued g. O. Ms. No. 207, dated 20. 4. 2002 enhancing the pay of Chairman and Members of the special Court with effect from 13. 2. 1996. The following is the extract of the amendment:"3. Pay: The Chairman shall receive a pay of rs. 26,0007- plus Special Pay of Rs. 1,000. 00 per mensem and a Member shall receive pay in the scale of pay of Rs. 4. 2002 enhancing the pay of Chairman and Members of the special Court with effect from 13. 2. 1996. The following is the extract of the amendment:"3. Pay: The Chairman shall receive a pay of rs. 26,0007- plus Special Pay of Rs. 1,000. 00 per mensem and a Member shall receive pay in the scale of pay of Rs. 22,400-600-26,000 or such scales of pay as are applicable to the Chairman and Members of the Andhra pradesh Administrative Tribunal as amended from time to time: provided that in the case of an appointment as Chairman or as the case may be a member of a person who has retired as a judge of a High Court or who has retired from service under the Central Government or a State Government and who is in receipt of or has received or has become entitled to receive any retirement benefits by way of pension and/or gratuity, or other forms of retirement benefits, the aforementioned pay shall be reduced by the gross amount of pension and pension, equivalent of gratuity or any other form of retirement benefits, if any, drawn or to be drawn by him. " ( 16 ) THEREFORE, the writ petition was closed directing the implementation of the said revised pay. But, however, the government has not amended the Rule 8 relating to pension, which has to be necessarily carried out consequent on the enhancement of the pay under Rule 8. The members made number of representations in this regard. But, there was no response from the Government and therefore, members are compelled to approach this Court for necessary relief. ( 17 ) THE issue that arises for consideration is whether Members are entitled for the pension on par with the members of the Andhra Pradesh administrative Tribunal as revised in notification dated: 31. 1. 2001 which came into force from 1. 1. 1996? ( 18 ) THERE is no dispute that the pay as applicable to the Chairman and the Members of the Andhra Pradesh Administrative tribunal are made applicable mutatis mutandis to the Chairman and the members of the Special Court and the rules are identical except in, case of andhra Pradesh Administrative Tribunal the central Government is the appropriate authority while in case of Special Court, the state Government is the appropriate authority. Even the said rules are identically framed in respect of the Members of the special Court constituted by the Government of Andhra Pradesh under Indian Electricity act under the provisions of the Indian electricity Act (Amendment) Act, 2000 (A. P. Act 2 of 2000 ). The pay and other benefits are on par with that of the chairman and the Members of the Andhra pradesh Administrative Tribunal. Though the Rules 3 and 8 cover the Pay and Pension respectively of the Chairman and Members of Special Court, we are only concerned in this writ petition the pension of the Members of the Special Court. Therefore, when the pay has been increased and revised scales are made applicable, the pension also is liable to be increased. The Chairman and members of the Special Court are treated on par with the Chairman and Members of andhra Pradesh Administrative Tribunal in matter of pay and other benefits. This is manifest from Rule 3 also. In such a situation, they cannot be meted out with unequal treatment in matter of pension attracting the wrath of Article 14 of the constitution of India. The pension follows pay and it is always correlated to pay. The pension is now no more a bounty or gratuitous pay, and it is a statutory right of the employee to claim pension in accordance with rules. Therefore, when the minimum pension was increased to Rs. 1,450. 00 per annum to Rs. 4,716. 00 per annum in respect of the Members of the Andhra Pradesh administrative Tribunal, after the enhancement of the pay scales of Rs. 22,400-26,000 and when the same pay scales were made applicable to the members of the special Court, there is no reason why the pension as fixed to Members of Andhra pradesh Administrative Tribunal should not be made applicable in respect of the members of the Special Court. There is no discernible criteria for discriminating the Members of the Special Court while the Members of andhra Pradesh Administrative Tribunal who is drawing the Pay scale of rs. 22,000-600-26,000 is allowed to draw minimum pension of Rs. 4,716. 00. Therefore, it is but necessary that the same pension should be allowed to be drawn by the Member of a Special Court who is drawing same pay scale referred to above. 22,000-600-26,000 is allowed to draw minimum pension of Rs. 4,716. 00. Therefore, it is but necessary that the same pension should be allowed to be drawn by the Member of a Special Court who is drawing same pay scale referred to above. The members of these Tribunals having been treated equally in matters of service conditions cannot be discriminated converting the equals into unequals. The government while enhancing the pay scales of Members of Special Court, ought to have simultaneously amended the provision relating to pension. Obviously there appears to be an omission in this regard. But that should not result in arbitrary and discriminatory treatment to the Members who are treated on par with the Members of the Andhra Pradesh Administrative Tribunal for all purposes. ( 119 ) UNDER those circumstances, we are of the considered view that denying minimum pension as is payable to the members of the Andhra Pradesh administrative Tribunal to the Members of the Special Court under Land Grabbing (Prohibition) Act is illegal and offends article 14 of Constitution of India. They are accordingly entitled to minimum pension of Rs. 4,716. 00 per annum from 13. 2. 1996 when their pay scales were revised. It is also needless to state that they are also entitled for Deamess Pay on the pension as notified by the Government from time to time. The deamess Pay on pension is a neutralising factor for the increase in cost of living and therefore, necessarily they are also entitled for the Deamess Pay on Pension as notified by the Government from time to time with reference to the pension drawn by them. A Member of the Andhra Pradesh administrative Tribunal was denied Deamess relief on pension. When he approached this court by filing WP No. 21930 of 1998, one of us (G. Bikshapathy, J) allowed the writ petition by Orders dated: 5. 7. 2000 and the government also implemented the said order. It was observed thus:"it is to be seen that no provision is made with regard to the dearness relief in the rules. But, it is an accepted proposition that when the dearness relief is released by the central Government or State Government from time to time they are being automatically made applicable to the pensioners in relation to the amount of pension drawn by them. But, it is an accepted proposition that when the dearness relief is released by the central Government or State Government from time to time they are being automatically made applicable to the pensioners in relation to the amount of pension drawn by them. Similar situation arose in respect of the chairman of the A. P. Administrative Tribunal in WP No. 6180 of 1997 filed by Justice upendralal Waghray. In that case also the writ petition was allowed and the authorities were directed to release the dearness relief as and when enhanced. There is no acceptable reason in refusing to release the dearness relief to the petitioner in this case. Admittedly, the petitioner is being paid two pensions and the dearness relief is to be released to the petitioner in proposition to the pension drawn by him it is immaterial whether the relief is from central source or from State source. No statutory support is laid for denial of dearness relief. The dearness relief is an essential ingredient of the pension and the source of payment is irrelevant. Obviously, the authorities have completely lost track of the situation and tried to deny the same to the petitioner on wholly unreasonable grounds. Simply because there was no rule covering the payment of dearness relief that cannot be made ground to deny on the second pension. Obviously the same relief was paid to the first pension and there is no reason why the relief should not be paid to the second pension. Therefore, the source of payment is only an irrelevant consideration for release of deamess relief. Further, it is to be noted that the administrative members who are drawn from I. A. S. cadres after their retirement from Government service they are also drawing the dearness relief on the second pension and in such an event rule 16 of the Rules framed in G. O. Ms. No. 676, General Administration Department dated 27. 11. 1989 would come to the aid of the petitioner which reads thus: "residuary provision : The conditions of service of the Chairman, Vice-Chairman or a member for which no specific and express provision is available in these rules, shall be determined by the rules and Orders for the time being applicable to Officers of corresponding pay levels belonging to Indian ad]ministrative Service. " under these circumstances, I am satisfied that the action of the respondents in refusing to release the deamess relief is wholly unjust and contrary to the procedure followed by the Government. " ( 20 ) THEREFORE, the petitioners are also entitled for Dearness relief on the pension with effect from 13. 2. 1996 as applicable to the quantum of pension drawn by them: ( 21 ) ACCORDINGLY, we declare that the petitioners are entitled for the pension on par with the Members of the Andhra Pradesh administrative Tribunal as notified by the government of India in Notification dated 31-10-2000 and re-published by Government of Andhra Pradesh in G. O. Ms. No. 52, dated 31-1-2001 together with Deamess Relief as notified by the Government from time to time. ( 22 ) THE writ petition is accordingly allowed to the extent indicated above. The petitioner shall be paid the arrears of pension together with Dearness Relief within a period of two (2) months from the date of receipt of the copy of this order. No costs.