Pension is Not a Bounty III

Posted on by Rudrajyoti Nath Ray

Justice S. Talapatra along with Chief Justice T. Vaiphei, as Judges of High Court of Tripura on 31.10.2017, struck down Rule 3(3) of The Tripura State Civil Services (Revised Pension) Rules, 2009. At present, Justice S. Talapatra is Judge No. 3 at High Court of Orissa.  

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When specific statistics were provided before High Court, there was no reason for High Court to doubt same. Whether financial crunch/financial constraint can be a valid ground to fix a cut­-off date for purpose of granting actual benefit of revision of pension/pay has been dealt with by this Court in State of Punjab v. Amar Nath Goyal, (2005) 6 SCC 754. It was specifically observed, for grant of an additional benefit, which has financial implications, prescription of a specific future date could not be considered arbitrary. State of Bihar v. Bihar Pensioners Samaj, (2006) 5 SCC 65 followed Amar Nath Goyal. It was further observed, fixing of a cut-­off date for granting of benefits is well within powers of Government as long as it is rational. High Court manifestly erred in striking down Rule 3(3) of The Tripura State Civil Services (Revised Pension) Rules, 2009.

– Hon’ble Justice M.R. Shah, State of Tripura v. Smt. Anjana Bhattacharjee, [Civil Appeal No. 5114 of 2022].

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