State of Manipur adopted the Central Civil Services (Pension) Rules, 1972, as amended from time to time. As per Rule 49 of the Central Civil Services Rules, 1972, a case of a government employee retired in accordance with the provisions of the rules after completing qualifying service of not less than 30 years, the amount of pension shall be calculated at 50% of the average emoluments subject to a maximum of Rs.4500/per month (at that time). Considering the increase in the cost of living, the Government of Manipur decided to increase the quantum of pension as well as the pay of the employees. Government of Manipur issued an office memorandum on 21.4.1999 revising the quantum of pension. However, provided that those Manipur Government employees who retired on or after 1.1.1996 only shall be entitled to the revised pension at a higher percentage and those who retired before 1.1.1996 shall be entitled at a lower percentage. The pensioners who retired before the said cutoff date approached the Court. A single bench of Manipur High Court at Imphal delivered a judgement on 24-3-2005 striking the above OM pointing out the decision of Supreme Court in Nakara Case. But, Govt. of Manipur appealed against it. After eleven years, on 1-3-2016, the Division Bench of same High Court delivered a different judgement which went against the pensioners. The Pensioners Association approached Supreme Court of India. Now, the Division Bench of Supreme Court, consisting of Justice M R Shah and justice B P Boppanna, pronounced yet another good judgement on 11-7-2019 upholding the historic judgement in Nakara Case. Once again it is declared that pensioners cannot be divided on the basis of their date of retirement. Hereunder we reproduce the relevant Para 9 of the said SC judgement dated 11-7-2019. …. Editor]
9. In view of the above and for the reasons stated above, we are of the opinion that the controversy/issue in the present appeal is squarely covered by the decision of this Court in the case of D.S. Nakara (supra). The decision of this Court in the case of D.S. Nakara (supra) shall be applicable with full force to the facts of the case on hand. The Division Bench of the High Court has clearly erred in not following the decision of this Court in the case of D.S. Nakara (supra) and has clearly erred in reversing the judgment and order of the learned Single Judge. The impugned judgment and order passed by the Division Bench is not sustainable and the same deserves to be quashed and set aside and is accordingly quashed and set aside. The judgment and order passed by the learned Single Judge is hereby restored and it is held that all the pensioners, irrespective of their date of retirement, viz. pre1996 retirees shall be entitled to revision in pension at par with those pensioners who retired post1996. The arrears be paid to the respective pensioners within a period of three months from today.
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