SUBRATA SEN AND ORS. versus UNION OF INDIA AND ORS.

SUBRATA SEN AND ORS. versus UNION OF INDIA AND ORS.

Employees who retired prior to the cut-off date of 1.12.1994 are entitled to benefits under the revised pension scheme as provided in the notification dated 10.3.1995, as the liability to pay arises under statutory rules and the employer's obligations persist post nationalisation. The cut-off date is discriminatory and cannot be sustained.

Parties
Petitioner: Subrata Sen and Ors.; Respondent: Union of India and Ors.
Jurisdiction
India
Judgment Date
18 September 2001
Procedural Posture
Writ Petition (c) No. 372 of 1999 / Final Disposition
Outcome
Petition partly allowed; petitioners entitled to revised pension benefits.
Legal Topics
Pension Revision, Discrimination, Applicability of Revised Pension Scheme, Burmah Oil Acquisition, Article 32
Service Law Constitutional Law Pension Revision Discrimination Applicability of Revised Pension Scheme Burmah Oil Acquisition Article 32

Case Brief

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Parties

Subrata Sen and Ors.

Petitioner

Union of India and Ors.

Respondent

Procedural Posture

Writ Petition (c) No. 372 of 1999 / Final Disposition

Legal Issues

  1. 1 Whether employees who retired prior to the cut-off date are entitled to revised pension under the notification dated 10.3.1995
  2. 2 Whether fixing a cut-off date for applicability of revised pension scheme is arbitrary and discriminatory
  3. 3 Employer's liability to pay revised pension post acquisition under Burmah Oil Act, 1981

Ratio Decidendi

Employees who retired prior to the cut-off date of 1.12.1994 are entitled to benefits under the revised pension scheme as provided in the notification dated 10.3.1995, as the liability to pay arises under statutory rules and the employer's obligations persist post nationalisation. The cut-off date is discriminatory and cannot be sustained.

Court Disposition

Petition partly allowed; petitioners entitled to revised pension benefits.

Orders

  • Respondents directed to extend pensionary benefits under notification dated 10.3.1995 by deleting 'retiring from December, 1994 onwards'; benefits apply to all eligible pensioners irrespective of date of retirement.
  • Writ Petition disposed of; no order as to costs.