DR. Y. IBEHAIBI DEVI (D) BY LRS. & ORS. versus THE STATE OF MANIPUR REPRESENTED BY THE COMMISSIONER (HIGHER AND TECHICAL EDUCATION) GOVERNMENT OF MANIPUR & ANR.

DR. Y. IBEHAIBI DEVI (D) BY LRS. & ORS. versus THE STATE OF MANIPUR REPRESENTED BY THE COMMISSIONER (HIGHER AND TECHICAL EDUCATION) GOVERNMENT OF MANIPUR & ANR.

The Office Memorandum dated 24.12.2011, being an administrative clarificatory order not made in the name of the Governor, could not override the vested rights of the appellants conferred by the Office Memorandum dated 05.05.2010 (Clause 3.1) and the Order dated 12.08.2011; therefore the appellants are entitled to revised pension with effect from 01.04.2010 and the 24.12.2011 memorandum has no binding effect on their entitlement to that date.

Parties
Appellants: Dr. Y. Ibehaibi Devi (D) by Lrs. & Ors.; Respondents: The State of Manipur represented by the Commissioner (Higher and Technical Education), Government of Manipur & Anr.
Jurisdiction
India
Judgment Date
31 March 2022
Procedural Posture
Civil Appeal No. 2681 of 2022 / On Appeal From the Judgment and Order Dated 27.01.2017 of the High Court of Manipur at Imphal in Writ Appeal (c) No.55 of 2016
Outcome
Appeal allowed; Division Bench judgment set aside; Single Judge judgment restored and affirmed
Legal Topics
Revised Pension, Office Memorandum, Vested Rights, Statutory Instruments, Implementation Date of Benefits
Service Law Pension Administrative Law Constitutional Law Revised Pension Office Memorandum Vested Rights Statutory Instruments +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Dr. Y. Ibehaibi Devi (D) by Lrs. & Ors.

Appellants

The State of Manipur represented by the Commissioner (Higher and Technical Education), Government of Manipur & Anr.

Respondents

Procedural Posture

Civil Appeal No. 2681 of 2022 / On Appeal From the Judgment and Order Dated 27.01.2017 of the High Court of Manipur at Imphal in Writ Appeal (c) No.55 of 2016

Legal Issues

  1. 1 Whether Office Memorandum dated 24.12.2011 could postpone entitlement of revised pension for retired college teachers from 01.04.2010 to 01.11.2010
  2. 2 Whether an administrative/clarificatory order can override or take away rights conferred by an order/rule having statutory strength (Orders under proviso to Article 309/Article 166)
  3. 3 Whether appellants acquired a vested right to revised pension under Clause 3.1 of the Office Memorandum dated 05.05.2010 and related Orders

Ratio Decidendi

The Office Memorandum dated 24.12.2011, being an administrative clarificatory order not made in the name of the Governor, could not override the vested rights of the appellants conferred by the Office Memorandum dated 05.05.2010 (Clause 3.1) and the Order dated 12.08.2011; therefore the appellants are entitled to revised pension with effect from 01.04.2010 and the 24.12.2011 memorandum has no binding effect on their entitlement to that date.

Court Disposition

Appeal allowed; Division Bench judgment set aside; Single Judge judgment restored and affirmed

Orders

  • Appeal allowed
  • Judgment and order dated 27.01.2017 of the Division Bench of the High Court of Manipur set aside