In a recent legal case, the Manipur High Court analyzed the impact of government orders on the entitlement date for pension benefits. The court’s decision delves into the statutory strength of various orders affecting pension rights, shedding light on the complexities of pension regulations and clarificatory memorandums.
Facts
- The State Government of Manipur issued various Orders and Office Memorandums to implement revised scales of pay for Government employees, including college teachers.
- The Office Memorandum of 5 May 2010 and subsequent Orders specified the application of revised provisions for government servants retiring or dying after 01/01/2006.
- An Order issued on 3 June 2011 revised the scales of pay for different categories of posts in Government Colleges in Manipur.
- A further Office Memorandum dated 24 December 2011 provided clarifications on pension and leave encashment for college teachers retiring between 01/01/2006 to 30/06/2011.
- This Order was to be effective from 1 June 2006 with arrears to be deposited in respective G.P.F. accounts of employees.
- A subsequent Order on 12 August 2011 superseded the previous Order, specifying revised scales of pay for college teachers with provisions for arrears and other retirement benefits.
- There was ambiguity regarding the date from which retired college teachers were entitled to revised pension benefits, which was clarified in the Office Memorandum of 24 December 2011.
- The State Government sought to implement revised pension from 1 November 2010, with additional benefits for commutation of pension.
- The Office Memorandum dated 5.5.2010 dealt with revised pension and required issuance specifying monetary benefits from 1.4.2010
- Petitioners entitled to enjoy cash payment/actual benefits from 1.4.2010 as per the Office Memorandum dated 5.5.2010
- Petitioners allowed to donate Rs.1000 each for the benefit of children in the Children Home managed by the State Government, appreciated by the Court
- Writ petition filed by appellants in Manipur High Court for revised pension from 1 April 2010
- Single Judge allowed the writ petition on 30 October 2015
- Office Memorandum dated 24.12.2011 cannot be enforced against petitioners for cash payment/actual benefits from 1.4.2010 as per Office Memorandum dated 5.5.2010
- Office Memorandum dated 24.12.2011 is a mere clarification and cannot prevail over the statutory force of the Office Memorandum dated 5.5.2010 governing retiral benefits under Manipur Civil Services (Pension) Rules, 1977
- Division Bench allowed the writ petition on 27 January 2017 following recommendation by the University Grants Commission and Government of India for pay revision
- Donated amount by petitioners to be deposited in the account of the Children Home managed by the State Government
- Notification dated 12.8.2011 related to pay scale revision for college teachers, separate from the pension regulations under Manipur Services (Revised Pay) Rules, 2010
- Monetary benefits for college teachers from 1.11.2010 as per notification dated 12.8.2011, not affecting pension regulations
- Anomalous situation prevented where teachers in service entitled to monetary benefits from 1.11.2010, while retired employees from 1.4.2010
- State Government successful in their appeal before the Division Bench of the High Court
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Arguments
- The dispute pertains to the date from which teachers of Universities/colleges will be entitled to monetary benefits.
- The appellants migrated to the pension regime for State Government employees based on an Order by the Governor.
- The appellants argue that their pension entitlement under a Rule made under Article 309 of the Constitution cannot be altered by the Office Memorandum dated 24 December 2011.
- The State Government contends that pay scale revisions cover superannuated persons from various services, including the education department.
- The Order of 12 August 2011, which supersedes the earlier revision, is not under challenge.
- Appellants in the Technical and Higher Education Department of Manipur have higher pay scales and pensions than original employees under Manipur State Government Service Rules.
- The learned single Judge erroneously held that petitioners are entitled to monetary benefits from 4.2010; the correct date is held to be 11.2010.
- The appeal is allowed, determining the entitlement to monetary benefits from 11.2010 and not 1.4.2010.
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Analysis
- The Office Memorandum of 24 December 2011, although projected as a clarificatory order, encroaches upon the acquired or vested right of retirees to receive revised pension from 1 April 2010.
- The Order of 12 August 2011, issued in the name of the Governor of Manipur, has statutory strength and is not overridden by the Office Memorandum of 24 December 2011.
- The appellants are entitled to receive revised pension from 1 April 2010 as per Clause 7 of the Order of 12 August 2011, disregarding the Office Memorandum of 24 December 2011.
- The judgment under appeal is set aside, and the judgment of the Single Judge dated 30 October 2015 is restored and affirmed. The appeal is allowed, and there will be no order as to costs.
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Case Title: DR. Y. IBEHAIBI DEVI (D) BY LRS. Vs. THE STATE OF MANIPUR REPRESENTED BY THE COMMISSIONER (HIGHER AND TECHINICAL EDUCATION) GOVERNMENT OF (2022 INSC 375)
Case Number: C.A. No.-002681-002681 / 2022
