Full pension row: Setback to pensioners as HC upholds Haryana govt’s decision
Hindustan TimesIn a blow to thousands of pensioners in Haryana, the Punjab and Haryana high court has upheld the 2014 Haryana government decision of prospectively reducing service years for grant of full pension from 28 to 20 years. However, the court did not agree with the government’s decision of not giving benefits of reduced age from 33 years to 28 years for those who retired between January 2006 and April 2009. The full bench presided over by justice GS Sandhawalia also upheld the government decision of cut-off date of January 1, 2006, as per which the number of service years was brought down from 33 to 28 years for the grant of full pension under the 6th Pay Commission, notified in 2009. The bench presided over by justice GS Sandhawalia said,“The stand of the state is to be given due meaning even if the financial implication is not borne from the pleadings qua amendment dated 25.08.2014 unless, it is shown that the said reason is totally capricious or outrageous, the same cannot be set-aside.” “Once a notification has been issued so as to be made prospectively applicable, the result is that one set of employees suffer as compared to the other ones but merely that one section of employees would face hardship is no ground to declare any amendment which is prospective, as ultra vires of Article 14 of the Constitution of India,” the full bench observed in its 69-page judgment.
History of this topic
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