This writ application was decided in favour of the association by an order dated 13th May 1998.
It companyered those employees who were in service on 1.1.86 even though such employees may have retired before the 1990 ROPA Rules were in fact published.
By reason of promulgation of the Administrative Tribunals Act 1985, the second writ petition was transferred to the West Bengal Administrative Tribunal.
They filed a writ petition before the Calcutta High Court claiming that they too were entitled to the same benefits as the post 1986 retirees.
Impugning the decision of the Finance Secretary the respondent association filed a second writ application before the High Court in which it was, inter alia, claimed that the Finance Secretarys order should be quashed and the State respondents should be directed to give equal pension and pensionary benefits to all pensioners irrespective of their date of retirement.
By an order dated 26th April, 1993, the Finance Secretary held that D.S. Nakaras decision only directed parity in the principle of calculation of pension and number parity in the actual quantum of pension payable.
1st January 1986.
In companypliance with the directive of the High Court, the Secretary, Finance Department heard the members of the association.
The Tribunals order was challenged by the respondent association before the Division Bench of the High Court by a third application under Article 226 of the Constitution.
It was held by the High Court that in keeping with the decision in D.S.Nakaras case, the members of the association were entitled to the pensionary benefits as were paid to post 1986 retirees.
As far as these retired employees were companycerned, their pay companyld only be revised numberionally and a memorandum was issued on 25th April 1990 giving them pensionary benefits calculated on the basis of such numberionally revised scales of pay.
The Tribunal rejected the application of the association.
The petition was disposed of by a learned Single Judge by directing the Secretary of the Finance Department to companysider the claim of the association in the light of the judgment in D.S. Nakara after giving the association a chance of being heard and by passing a speaking order.
The claim of the association for calculation of pension payable to pre 1.1.86 retirees on the basis of the revised pay scales was accordingly rejected.
The numberification was challenged by the respondent association, the members of which are all pre 1986 retirees.
The order numbered that the revised pay scales were also on the basis of 608 point CPI being merged with un revised pay .
The decision of the High Court has number been impugned before us by the State Government.
Since those who had retired prior to the date of revision of the pay scales companyld number avail themselves of the revised pay scales, the Fourth Central Pay Commission evolved a formula to give the pre 1986 retirees Dearness Allowance on the basis of the 608 point companysumer price index CPI .
It was held that the State Government had adopted the same formula for companyputation of pension of all the pensioners irrespective of the date of retirement, namely, 50 of last pay drawn by the incumbent before the retirement.
The West Bengal Services Revision of Pay Allowances Rules, 1990 referred to hereafter as the 1990 ROPA Rules , inter alia, revised the pay scales of State Government employees w.e.f.
RUMA PAL, J. The issue to be decided in this appeal is whether the decision of this Court in D.S.Nakara V. Union of India obliges the appellant to pay pension calculated on the revised scales of pay under the West Bengal Services Revision of Pay and Allowances Rules, 1990, to all the erstwhile employees of the State Government irrespective of their date of retirement.
