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2025 DAILYLAW 15691 (KAR)

SRI T RAMACHANDRAN v. THE UNION OF INDIA

WP/46289/2012 · 2025-03-24

R Nataraj

body2025

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- 1 - NC: 2025:KHC:12399 WP No. 46289 of 2012 C/W WP No. 46271 of 2012 WP No. 46276 of 2012 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 46289 OF 2012 (S-R) C/W WRIT PETITION NO. 46271 OF 2012 (S-R) WRIT PETITION NO. 46276 OF 2012 (S-R) IN WP No. 46289/2012: BETWEEN: 1. SRI. T. RAMACHANDRAN SON OF LATE AKTKM ASSPAMURTHY NABOODIRIPAD, AGED ABOUT 83 YEARS, EARLIER WORKING AS SENIOR PROFESSOR, KARNATAKA REGIONAL ENGINEERING COLLEGE, (NOW KNOWN AS NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA), SINCE RETIRED AND RESIDING AT "VIRAM", 28/117/1, PARKKATE LANE, PATTARAIKAL, TRISSUR-680 022. 2. DR. M.G.SUBBA RAU, SON OF LATE DR. N.A.GOVINDA RAU, AGED ABOUT 84 YEARS, EARLIER WORKING AS SENIOR PROFESSOR, KARNATAKA REGIONAL ENGINEERING COLLEGE, (NOW KNOWN AS NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA), SINCE RETIRED AND RESIDING AT FLAT NO.003, JOHUR HOUSE, NO.10, 18TH CROSS, MALLESHWARAM, BANGALORE-560 055. PETITION AGAINST PETITIONER NO.2 IS ABATED AS PER THE COURT ORDER DATED 31.08.2024. 3. DR. I.VASUDEVA NAYAK SON OF LATE IRAVATTUR NARAYANA NAYAK, Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12399 WP No. 46289 of 2012 C/W WP No. 46271 of 2012 WP No. 46276 of 2012 AGED ABOUT 83 YEARS, EARLIER WORKING AS SENIOR PROFESSOR, KARNATAKA REGIONAL ENGINEERING COLLEGE, (NOW KNOWN AS NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA), SINCE RETIRED AND RESIDING AT 'HARI OM', 1656, 10TH MAIN ROAD, HAL III STAGE, BANGALORE-560 075. 4. DR. D.R.BAGALAKOTI SON OF LATE RACHAPPA BAGALAKOTI, AGED ABOUT 88 YEARS, EARLIER WORKING AS SENIOR PROFESSOR, KARNATAKA REGIONAL ENGINEERING COLLEGE, (NOW KNOWN AS NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA), SINCE RETIRED AND RESIDING AT NO.1156, 'SAI KRUPA', 2ND CROSS, LALITADRI ROAD, KUVEMPU NAGAR, MYSORE-570 023. 5. PROF. S.B.AKKI SON OF LATE BASAPPA, AGED ABOUT 85 YEARS, EARLIER WORKING AS SENIOR PROFESSOR, KARNATAKA REGIONAL ENGINEERING COLLEGE, (NOW KNOWN AS NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA), SINCE RETIRED AND RESIDING AT 'AASHRAYA', I MAIN, III CROSS, SADASHIVANAGAR, BELGAUM-590 001. 6. DR. K.A.NARAYANAN, SON OF LATE T.G.SRINIVASA MURTHY, AGED ABOUT 84 YEARS, EARLIER WORKING AS SENIOR PROFESSOR, KARNATAKA REGIONAL ENGINEERING COLLEGE, (NOW KNOWN AS NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA), SINCE RETIRED AND RESIDING AT NO.107-B, 29TH 'A' CROSS, 7TH BLOCK, JAYANAGAR, BANGALORE-560 082. - 3 - NC: 2025:KHC:12399 WP No. 46289 of 2012 C/W WP No. 46271 of 2012 WP No. 46276 of 2012 PETITION AGAINST PETITIONER NO.6 IS ABATED AS PER THE COURT ORDER DATED 31.08.2024. 7. DR. G. RANGANNA SON OF LATE GANGANNA, AGED ABOUT 82 YEARS, EARLIER WORKING AS SENIOR PROFESSOR, KARNATAKA REGIONAL ENGINEERING COLLEGE, (NOW KNOWN AS NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA), SINCE RETIRED AND RESIDING AT 'NANDANA', 174, 5TH MAIN ROAD, 4TH BLOCK, JAYANAGAR, BANGALORE-560 011. 8. DR. M.N.CHANNABASAPPA SON OF LATE NANJEDEVARU, AGED ABOUT 81 YEARS, EARLIER WORKING AS SENIOR PROFESSOR, KARNATAKA REGIONAL ENGINEERING COLLEGE, (NOW KNOWN AS NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA), SINCE RETIRED AND PRESENTLY WORKING AS DIRECTOR, SIDDAGANGA INSTITUTE OF TECHNOLOGY , TUMKUR-572 103. 9. DR. K.M.HEBBAR SON OF LATE GOPALA KRISHNA HEBBAR, AGED ABOUT 80 YEARS, EARLIER WORKING AS SENIOR PROFESSOR, KARNATAKA REGIONAL ENGINEERING COLLEGE, (NOW KNOWN AS NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA), SINCE RETIRED AND RESIDING AT NO.79/1, PHASES I, ADARSH PALM MEADOWS, R.G.HALLI, WHITEFIELD, BANGALORE-560 066. PETITION AGAINST PETITIONER NO.9 IS ABATED AS PER THE COURT ORDER DATED 13.11.2024. 10. DR. M.M.JAVUR SON OF LATE MALLAPPA, - 4 - NC: 2025:KHC:12399 WP No. 46289 of 2012 C/W WP No. 46271 of 2012 WP No. 46276 of 2012 AGED ABOUT 77 YEARS, EARLIER WORKING AS SENIOR PROFESSOR, KARNATAKA REGIONAL ENGINEERING COLLEGE, (NOW KNOWN AS NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA), RETIRED AND RESIDING AT NO.E-004, MANTRI PARADISE, BANNERGHATTA MAIN ROAD, NEAR INDIAN INSTITUTE OF MANAGEMENT, BANGALORE-560 076. 11. DR. B.T. NIJAGUNA SON OF LATE B.P. THAMMAIAH AGED ABOUT 77 YEARS EARLIER WORKING AS SENIOR PROFESSOR KARNATAKA REGIONAL ENGINEERING COLLEGE, (NOW KNOWN AS NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA), SINCE RETIRED AND RESIDING AT 'AASHA', NO. 393, 4TH BLOCK, 7TH MAIN, 7TH CROSS, KORAMANAGALA, BANGALORE-560034 PETITION AGAINST PETITIONER NO.11 IS ABATED AS PER THE COURT ORDER DATED 31.08.2024. 12. DR. (MRS) SARASU EAPPEN D/O LATE K.P. EAPPEN AGED ABOUT 75 YEARS EARLIER WORKING AS SENIOR PROFESSOR KARNATAKA REGIONAL ENGINEERING COLLEGE, (NOW KNOWN AS NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA), SINCE RETIRED AND RESIDING AT NO.16/100, UDAYANAGAR, SRINIVASANAGAR, MANGALORE-575025. 13. DR. J. DATTATRI SON OF LATE JADE SESHAGIRI RAO AGED ABOUT 74 YEARS EARLIER WORKING AS SENIOR PROFESSOR KARNATAKA REGIONAL ENGINEERING COLLEGE, (NOW KNOWN AS NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA), - 5 - NC: 2025:KHC:12399 WP No. 46289 of 2012 C/W WP No. 46271 of 2012 WP No. 46276 of 2012 SINCE RETIRED AND RESIDING AT NO.221, 'MANORAMA', 4TH CROSS 9TH MAIN ROAD, BCC LAYOUT CHANDRA LAYOUT BANGALORE-560040 14. DR. H. SRINIVASA RAO SON OF LATE H. RANGA RAO AGED ABOUT 74 YEARS EARLIER WORKING AS SENIOR PROFESSOR, KARNATAKA REGIONAL ENGINEERING COLLEGE, (NOW KNOWN AS NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA), SINCE RETIRED AND RESIDING AT HOUSES NO.2-9, NEAR V.H. SCHOOL, SURATHKAL-575025 15. DR. M.K. PARASURAM SON OF LATE M.V. KESHAVA RAO AGED ABOUT 74 YEARS EARLIER WORKING AS SENIOR PROFESSOR KARNATAKA REGIONAL ENGINEERING COLLEGE, (NOW KNOWN AS NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA), SINCE RETIRED AND RESIDING AT UDAYA NAGAR, PADRE ROAD SRINIVASANAGAR-575025 MANGALORE, DAKSHINA KANNADA DISTRICT. PETITION AGAINST PETITIONER NO.15 IS ABATED AS PER THE COURT ORDER DATED 28.06.2024. 16. DR. K. RAMA MURTHY SON OF LATE K. KRISHNA MURTHY RAO AGED ABOUT 73 YEARS EARLIER WORKING AS SENIOR PROFESSOR KARNATAKA REGIONAL ENGINEERING COLLEGE, (NOW KNOWN AS NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA), SINCE RETIRED AND RESIDING AT NO.38/38, 'SRI RANGA', 3RD CROSS K.V. LAYOUT, 4TH BLOCK (EAST) JAYANAGAR, BANGALORE-560011 - 6 - NC: 2025:KHC:12399 WP No. 46289 of 2012 C/W WP No. 46271 of 2012 WP No. 46276 of 2012 17. DR. K.R.N. SETTY SON OF LATE K. RATNAIAH SETTY AGED ABOUT 73 YEARS EARLIER WORKING AS SENIOR PROFESSOR KARNATAKA REGIONAL ENGINEERING COLLEGE, (NOW KNOWN AS NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA), SINCE RETIRED AND RESIDING AT NO.356, 'INCHARA', 5TH MAIN ROAD VIJAYA BANK LAYOUT, BILEKAHALLI BANGALORE-560076 18. DR. P. MAHADEVAPPA SON OF LATE N. PUTTAPPA AGED ABOUT 73 YEARS EARLIER WORKING AS SENIOR PROFESSOR, KARNATAKA REGIONAL ENGINEERING COLLEGE, (NOW KNOWN AS NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA), SINCE RETIRED AND RESIDING AT NO.579, 'MAHA PREMA', 3RD MAIN ROAD, OPPOSITE 14TH CROSS, III STAGE, GOKULAM, MYSORE-570002 PETITION AGAINST PETITIONER NO.18 IS ABATED AS PER THE COURT ORDER DATED 31.08.2024. 19. DR. B.T. PATIL SON OF LATE T.G. PATIL AGED ABOUT 72 YEARS EARLIER WORKING AS SENIOR PROFESSOR, KARNATAKA REGIONAL ENGINEERING COLLEGE, (NOW KNOWN AS NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA), SINCE RETIRED AND RESIDING AT HIG-43, NAVANAGAR HUBLI-580025 PETITION AGAINST PETITIONER NO.19 IS ABATED AS PER THE COURT ORDER DATED 28.06.2024. 20. DR. F.G. KADOLI SON OF LATE GUNDAPPA AGED ABOUT 72 YEARS EARLIER WORKING AS SENIOR PROFESSOR, - 7 - NC: 2025:KHC:12399 WP No. 46289 of 2012 C/W WP No. 46271 of 2012 WP No. 46276 of 2012 KARNATAKA REGIONAL ENGINEERING COLLEGE, (NOW KNOWN AS NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA), SINCE RETIRED AND RESIDING AT 'SHANTALAYA', FLAT NO. 207, GURUPRASAD NAGAR, MANDOLI ROAD, BELGAUM-590008 PETITION AGAINST PETITIONER NO.20 IS ABATED AS PER THE COURT ORDER DATED 28.06.2024. 21. DR. R.V.GADAG SON OF LATE V.B.GADAG, AGED ABOUT 72 YEARS, EARLIER WORKING AS SENIOR PROFESSOR, KARNATAKA REGIONAL ENGINEERING COLLEGE, (NOW KNOWN AS NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA), SINCE RETIRED AND RESIDING AT NO.240/42, 'PANCHAVATI', VIVEKANANDA NAGAR, HATALAGIRI, GADAG-528 101 PETITION AGAINST PETITIONER NO.21 IS ABATED AS PER THE COURT ORDER DATED 28.06.2024. 22. DR. M.S.C. RAO SON OF LATE M.H.SRIKANTAIAH, AGED ABOUT 71 YEARS, EARLIER WORKING AS SENIOR PROFESSOR, KARNATAKA REGIONAL ENGINEERING COLLEGE, (NOW KNOWN AS NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA), SINCE RETIRED AND RESIDING AT 'SRI GURUKRUPA', NO.590, III MAIN ROAD, BRINDAVAN EXTENSION, I PHASE, MYSORE-570 820 23. DR. S.S. BHAVIKATTI SON OF SHANTAVEERAPPA, AGED ABOUT 71 YEARS, EARLIER WORKING AS SENIOR PROFESSOR, KARNATAKA REGIONAL ENGINEERING COLLEGE, (NOW KNOWN AS NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA), - 8 - NC: 2025:KHC:12399 WP No. 46289 of 2012 C/W WP No. 46271 of 2012 WP No. 46276 of 2012 SINCE RETIRED AND RESIDING AT HIG 41, NAVANAGAR, HUBLI-580 025 24. DR. P.RAGHUPATHI RAO SON OF P.SRINIVASA RAO, AGED ABOUT 71 YEARS, EARLIER WORKING AS SENIOR PROFESSOR, KARNATAKA REGIONAL ENGINEERING COLLEGE, (NOW KNOWN AS NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA), SINCE RETIRED AND RESIDING AT NO.16/66/2, 'SRINIVASA', UDAYANAGAR, POST SRINIVASANAGAR, MANGALORE-575 025, DAKSHINA KANNADA DISTRICT 25. DR. H.R.SREEKANTIAH SON OF LATE H. RAMACHANDRA BHATTA, AGED ABOUT 71 YEARS, EARLIER WORKING AS SENIOR PROFESSOR, KARNATAKA REGIONAL ENGINEERING COLLEGE, (NOW KNOWN AS NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA), SINCE RETIRED AND RESIDING AT NO.654, 11TH A MAIN ROAD, 46TH CROSS, V BLOCK, JAYANAGAR, BANGALORE-560 041 26. DR. N.BHAVANISHANKAR RAO SON OF LATE N.VENKAPPA, AGED ABOUT 71 YEARS, EARLIER WORKING AS SENIOR PROFESSOR, KARNATAKA REGIONAL ENGINEERING COLLEGE, (NOW KNOWN AS NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA), SINCE RETIRED AND RESIDING AT NO.3-72/3, 'FLOSYL, COCONUT GARDEN, KADRI-MARDI, KULSHEKHAR, MANGALORE-575 005 27. DR. S. SITARAMAPRABHU SON OF LATE S.VITTAL PRABHU, AGED ABOUT 70 YEARS, EARLIER WORKING AS SENIOR PROFESSOR, - 9 - NC: 2025:KHC:12399 WP No. 46289 of 2012 C/W WP No. 46271 of 2012 WP No. 46276 of 2012 KARNATAKA REGIONAL ENGINEERING COLLEGE, (NOW KNOWN AS NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA), SINCE RETIRED AND RESIDING AT 'AMRUTA', 4-176, 4TH CROSS, DASHIVATARANAGAR, MANGALORE-576 014 28. DR. G.H.KULKARNI SON OF LATE H.R.KULKARNI, AGED ABOUT 69 YEARS, EARLIER WORKING AS SENIOR PROFESSOR, KARNATAKA REGIONAL ENGINEERING COLLEGE, (NOW KNOWN AS NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA), SINCE RETIRED AND RESIDING AT 'GODHOOLI', 5TH CROSS, JYOUTHI COLONY, VIDYAGIRI, BAGALKOT-587 102 29. DR. H.V.SUDHAKER NAYAK, SON OF LATE H.VENKATAGIRI NAYAK, AGED ABOUT 70 YEARS, EARLIER WORKING AS SENIOR PROFESSOR, KARNATAKA REGIONAL ENGINEERING COLLEGE, (NOW KNOWN AS NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA), SINCE RETIRED AND RESIDING AT NO.201, 'VIBHA MANSION', 3RD CROSS, VIDYA RATNA NAGAR, MANIPAL-576104, DAKSHINA KANNADA DISTRICT. 30. DR. B.R.SAMAGA, SON OF LATE B.SHYAMANNA SAMAGA, AGED ABOUT 69 YEARS, EARLIER WORKING AS SENIOR PROFESSOR, KARNATAKA REGIONAL ENGINEERING COLLEGE, (NOW KNOWN AS NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA), SINCE RETIRED AND RESIDING AT 'SAMARPANA', PADMABAIL, MANGALORE-575 104, DAKSHINA KANNADA DISTRICT. - 10 - NC: 2025:KHC:12399 WP No. 46289 of 2012 C/W WP No. 46271 of 2012 WP No. 46276 of 2012 31. DR. K. RAMESH KAMATH SON OF LATE K.P.KAMATH, AGED ABOUT 71 YEARS, EARLIER WORKING AS SENIOR PROFESSOR, KARNATAKA REGIONAL ENGINEERING COLLEGE, (NOW KNOWN AS NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA), SINCE RETIRED AND RESIDING AT FLAT NO.202, PREETHI TOWERS, NEAR URVA MARKET, MANGALORE-575006. 32. DR. R.K. YAJI SON OF LATE K.M.YAJI, AGED ABOUT 70 YEARS, EARLIER WORKING AS SENIOR PROFESSOR, KARNATAKA REGIONAL ENGINEERING COLLEGE, (NOW KNOWN AS NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA), SINCE RETIRED AND RESIDING AT 'ARDHANA', BEHIND MANGALA DEVI TEMPLE, MANGALA DEVI (THOTA) WARD, MANGALORE-575001. 33. DR. G. PREMKUMAR SON OF LATE GOVINDA KAMATH, AGED ABOUT 70 YEARS, EARLIER WORKING AS SENIOR PROFESSOR, KARNATAKA REGIONAL ENGINEERING COLLEGE, (NOW KNOWN AS NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA), SINCE RETIRED AND RESIDING AT FLAT NO.002, "MANASA APARTMENTS", ST.AGNE'S SPECIAL SCHOOL ROAD, MANGALORE-575002. 34. DR. B. SUBRAMANYA SAMAGA SON OF LATE B.MADHAVARAYA SAMAGA, AGED ABOUT 74 YEARS, EARLIER WORKING AS SENIOR PROFESSOR, KARNATAKA REGIONAL ENGINEERING COLLEGE, (NOW KNOWN AS NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA), SINCE RETIRED AND RESIDING AT N1-101, 'NATKSHATRAM', - 11 - NC: 2025:KHC:12399 WP No. 46289 of 2012 C/W WP No. 46271 of 2012 WP No. 46276 of 2012 PREMALOK PARK, CHINCHAWASI, PUNE-411033, MAHARASHTRA STATE. 35. MRS. LALITHA RAI WIFE OF LATE A.V.RAI, AGED ABOUT 77 YEARS, RESIDING AT NADI GUTTU HOUSE, YEKUR, NEAR COLLEGE OF FISHERIES, KANKANADI, MANGALORE-575002 36. MRS. NIRMALA U SHENOY WIFE OF LATE UPENDRA SHENOY, AGED ABOUT 64 YEARS, RESIDING AT NO.C-1, III FLOOR, DURGA APARTMENT, 7TH CROSS, GANDINAGAR, MANGALORE-575003. 37. MRS. VIMALA SRIDHARA RAO WIFE OF LATE P.N.SRIDHAR, AGED ABOUT 57 YEARS, RESIDING AT NO.9, 4TH 'C' STREET, LINK ROAD (EAST), MALLESHWARAM BANGALORE-560003. 38. MRS. H.R. JAYAMMA WIFE OF LATE DR. K.R.RANGANATHAIAH, AGED ABOUT 69 YEARS, RESIDING AT 316, 7TH MAIN, VIDYAPEETHA LAYOUT, BEHIND OM SHAKTHI TEMPLE, BANASHANKARI III STAGE, BANGALORE-560085. …PETITIONERS (BY SRI. B.O.ANIL KUMAR, ADVOCATE FOR PETITIONER NOS.1, 7, 10, 13, 14, 16, 17, 23, 24, 25, 26, 28, 29, 30, 31, 32, 36 AND 38; COURT NOTICE SERVED ON PETITIONER NO.3; COURT NOTICE SERVED ON PETITIONER NOS.5, 8, 22, 33, 34, 35 AND 37; VIDE ORDER DATED 28.06.2024, PETITION AGAINST PETITIONER NOS.15, 19, 20, 21 IS ABATED; VIDE ORDER DATED 31.08.2024, PETITION AGAINST PETITIONER NOS.2, 6, 11 AND 18 IS ABATED; - 12 - NC: 2025:KHC:12399 WP No. 46289 of 2012 C/W WP No. 46271 of 2012 WP No. 46276 of 2012 VIDE ORDER DATED 13.11.2024, PETITION AGAINST PETITIONER NO.9 IS ABATED) AND: 1. THE UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF HUMAN RESOURCES DEVELOPMENT, DEPARTMENT OF HIGHER EDUCATION, SHASTRI BHAVAN, NEW DELHI-110001. 2. THE UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS DEPARTMENT OF PENSION AND PENSIONERS WELFARE LOK NAYAK BHAWAN, NEW DELHI-110003 3 NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA SURATHKAL, MANGALORE - 575025 REPRESENTED BY ITS REGISTRAR …RESPONDENTS (BY SRI. H.SHANTHI BHUSHAN, DEPUTY SOLICITOR GENERAL FOR RESPONDENT NOS.1 AND 2; SRI. JAYANTH DEV, ADVOCATE FOR SRI. K. PUTTEGOWDA, ADVOCATE FOR RESPONDENT NO.3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS LEADING TO THE IMPUGNED OFFICE MEMORANDUM DATED 03.10.2008, UNDER ANNEXURE-N TO THE WRIT PETITION AND COMMUNICATION DATED 25.05.2010, UNDER ANNEXURE-R TO THE WRIT PETITION AND QUASH THE OFFICE MEMORANDUM BEARING NO.F.NO.38/37/08 P&PW(A).PT.1 DATED 03.10.2008, - 13 - NC: 2025:KHC:12399 WP No. 46289 of 2012 C/W WP No. 46271 of 2012 WP No. 46276 of 2012 PASSED BY THE RESPONDENT NO.2 UNDER ANNEXURE-N TO THE WRIT PETITION AND ETC. IN WP NO.46271/2012: BETWEEN: 1. DR. IN WP NO.46271/2012: BETWEEN: 1. DR. B.S. BASAVARAJAIAH SON OF LATE B. SUBBAIAH, AGED ABOUT 82 YEARS, EARLIER WORKING AS PRINCIPAL, KARNATAKA REGIONAL ENGINEERING COLLEGE, (NOW KNOWN AS NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA) SINCE RETIRED AND RESIDING AT NO.413, 12TH MAIN ROAD, SARASWATHIPURAM, MYSORE-570009 2. DR. P. SUDHAKARASHETTY SON OF LATE K. SOMAIAH SHETTY, AGED ABOUT 76 YEARS, EARLIER WORKING AS PRINCIPAL, KARNATAKA REGIONAL ENGINEERING COLLEGE, (NOW KNOWN AS NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA) SINCE RETIRED AND RESIDING AT 'RAJESHWARI KRUPA', KESHAVA CHOWLA COMPOUND, SURATHKAL POST OFFICE, MANGALORE-575014 3. DR. N.R. SHETTY SON OF LATE DR. RAMANNA SHETTY, AGED ABOUT 75 YEARS, EARLIER WORKING AS PRINCIPAL, KARNATAKA REGIONAL ENGINEERING COLLEGE, (NOW KNOWN AS NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA) SINCE RETIRED AND RESIDING AT SA2, G2, KUMARADHARA BLOCK, SUNDARARAMA SHETTY NAGAR, VIJAYA ENCLAVE, OPP. BANNERGHATTA ROAD, BANGALORE-560076 - 14 - NC: 2025:KHC:12399 WP No. 46289 of 2012 C/W WP No. 46271 of 2012 WP No. 46276 of 2012 4. DR. P.N. SINGH SON LATE SAHDEO SINGH, AGED ABOUT 70 YEARS, EARLIER WORKING AS DIRECTOR/PRINCIPAL KARNATAKA REGIONAL ENGINEERING COLLEGE, (NOW KNOWN AS NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA) SINCE RETIRED AND RESIDING AT NO.43, NEW B.E.L ROAD, OPPOSITE TO CORPORATION BANK P.O. MSRIT, BANGALORE-560054. PETITION AGAINST PETITIONER NO.4 STANDS ABATED VIDE ORDER DATED 31.08.2024 5. SMT. JAYALAKSHMI M., WIFE OF LATE PROF. K. MAHADEVAN, RETIRED PRINCIPAL, KARNATAKA REGIONAL ENGINEERING COLLEGE, (NOW KNOWN AS NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA) AGED ABOUT 81 YEARS, RESIDING AT FLAT NO.1, LAXMI NIVAS, NO.6, III SEA WARD ROAD, VALMIKI NAGAR, THIRUVANMIYUR, CHENNAI-600041 ...PETITIONERS (BY SRI. B.O. ANIL KUMAR, ADVOCATE FOR PETITIONER NOS.1 AND 3; COURT NOTICE SERVED ON PETITIONER NOS.2 AND 5; VIDE ORDER DATED 31.08.2024, PETITION AGAINST PETITIONER NO.4 STANDS ABATED) AND: 1. THE UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF HUMAN RESOURCES DEVELOPMENT, DEPARTMENT OF HIGHER EDUCATION, SHASTRI BHAVAN, NEW DELHI-110001. - 15 - NC: 2025:KHC:12399 WP No. 46289 of 2012 C/W WP No. 46271 of 2012 WP No. 46276 of 2012 2. NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA, SURATHKAL, MANGALORE -575025 REPRESENTED BY ITS REGISTRAR …RESPONDENTS (BY SRI. SHANTHI BHUSHAN H, DEPUTY SOLICITOR GENERAL FOR RESPONDENT NO.1; SRI. JAYANTH DEV, ADVOCATE FOR SRI. K. PUTTEGOWDA, ADVOCATE FOR RESPONDENT NO.2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS LEADING TO THE IMPUGNED OFFICE MEMORANDUM DATED 03.10.2008 UNDER ANNEXURE-P TO THE WRIT PETITION AND COMMUNICATION DATED 25.05.2010 VIDE ANNEXURE-S AND QUASH THE OFFICE MEMORANDUM F.NO.38/37/08-P&PW(A).PT.1 DATED 03.10.2008 ORDER PASSED BY THE RESPONDENT NO.1 VIDE ANNEXURE-P TO THE WRIT PETITION AND ETC. IN WP NO. 46276/2012 BETWEEN: 1. PROF. S. KRISHNA SETTY SON OF LATE SRINIVAS RANGAIAH SETTY, AGED ABOUT 90 YEARS, EARLIER WORKING AS PROFESSOR, KARNATAKA REGIONAL ENGINEERING COLLEGE, (NOW KNOWN AS NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA) SINCE RETIRED AND RESIDING AT 'ADARSH PALACE', APTD-003, 47TH CROSS, 5TH BLOCK, JAYANAGAR, BANGALORE-560041. PETITION AGAINST PETITIONER NO.1 IS ABATED AS PER THE COURT ORDER DATED 31.08.2024. - 16 - NC: 2025:KHC:12399 WP No. 46289 of 2012 C/W WP No. 46271 of 2012 WP No. 46276 of 2012 2. DR. J.S.V. SALDANHA SON OF LATE JOSEPH PETER SALDANHA, AGED ABOUT 84 YEARS, EARLIER WORKING AS PROFESSOR, KARNATAKA REGIONAL ENGINEERING COLLEGE, (NOW KNOWN AS NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA) SINCE RETIRED AND RESIDING AT SALKOTE, UDAYANAGAR, P.O. SRINIVASNAGAR, MANGALORE-570025 3. DR. S. DIVAKER RAO SON OF LATE S. JANARDHANAIAH, AGED ABOUT 79 YEARS, EARLIER WORKING AS PROFESSOR, KARNATAKA REGIONAL ENGINEERING COLLEGE, (NOW KNOWN AS NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA) SINCE RETIRED AND RESIDING AT 'ANUGRAHA', UDAYANAGAR, P.O. SRINIVASANAGAR, MANGALORE-575025. 4. PROF. P.C.M. KUNHI SON OF LATE P.C. KUNHIMAHIN KUTTY, AGED ABOUT 71 YEARS, EARLIER WORKING AS PROFESSOR, KARNATAKA REGIONAL ENGINEERING COLLEGE, (NOW KNOWN AS NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA) SINCE RETIRED AND RESIDING AT ZEPHYR, KAPRI GUDDA NEW ROAD, FALNIR, MANGALORE-575001. PETITION AGAINST PETITIONER NO.4 IS ABATED AS PER THE COURT ORDER DATED 28.06.2024. 5. SMT. PAPAMMA WIFE OF LATE PROF. K.M. GURAPPA, RETIRED PROFESSOR, KREC (NITK), AGED ABOUT 82 YEARS, RESIDING AT NO.160, III MAIN ROAD, CHAMARAJPET, BANGALORE-560018 - 17 - NC: 2025:KHC:12399 WP No. 46289 of 2012 C/W WP No. 46271 of 2012 WP No. 46276 of 2012 PETITION AGAINST PETITIONER NO.5 IS ABATED AS PER THE COURT ORDER DATED 31.08.2024. 6. SMT. RATNA RAO WIFE OF LATE VISHNU MURTHY RAO RETIRED PROFESSOR, KREC-NITK, AGED ABOUT 72 YEARS, RESIDING AT 'ANNAPOORNA', P.O SRINIVAS NAGAR, BANGALORE-560025. 7. DR. E.J. JOHN SON OF LATE E. THOMAS JOHN, AGED ABOUT 76 YEARS, EARLIER WORKING AS PROFESSOR, KARNATAKA REGIONAL ENGINEERING COLLEGE, (NOW KNOWN AS NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA) SINCE RETIRED AND RESIDING AT NO.16/100, 'PREETHI', UDAYANAGAR, P.O. SRINIVAS NAGAR, MANGALORE-570025. 8. DR. R.S. SHANBHAG SON OF LATE SRIDHARA GOVINDA SHANBHAG, AGED ABOUT 75 YEARS, EARLIER WORKING AS PROFESSOR, KARNATAKA REGIONAL ENGINEERING COLLEGE, (NOW KNOWN AS NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA) SINCE RETIRED AND RESIDING AT NO.2, 12TH CROSS, JAYANAGAR, MYSORE-570014. 9. PROF. A. JAYAKARA HEGDE SON OF N. SHENAPPA HEGDE, AGED ABOUT 69 YEARS, EARLIER WORKING AS PROFESSOR, KARNATAKA REGIONAL ENGINEERING COLLEGE, (NOW KNOWN AS NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA) SINCE RETIRED AND RESIDING AT AND POST BANTWADY, VIA: TRASI, SHENAPUR VILLAGE, KUNDAPUR TALUK, UDUPI DISTRICT-576235. - 18 - NC: 2025:KHC:12399 WP No. 46289 of 2012 C/W WP No. 46271 of 2012 WP No. 46276 of 2012 10. PROF. H.V. VENKATAKRISHNA SON OF LATE H. VENKATESIAH, AGED ABOUT 69 YEARS, EARLIER WORKING AS PROFESSOR, KARNATAKA REGIONAL ENGINEERING COLLEGE, (NOW KNOWN AS NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA) SINCE RETIRED AND RESIDING AT FLAT NO.110, SHRAVANTHI, ORCHIDS, 1ST MAIN ROAD, PADMANABHANAGAR, BANGALORE-560070. 11. PROF. M.N. SHIVASHANKAR SON OF LATE M.S. NAGARAJA RAO, AGED ABOUT 70 YEARS, EARLIER WORKING AS PROFESSOR, KARNATAKA REGIONAL ENGINEERING COLLEGE, (NOW KNOWN AS NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA) SINCE RETIRED AND RESIDING AT 'NAGASHRI', 505, II CROSS, MARUTHI TEMPLE STREET, KUVEMPU NAGAR, MYSORE-570023 12. SMT. SEETHA SOMANATH WIFE OF LATE DR. G.S. SOMANATH AGED ABOUT 66 YEARS, RETIRED PROFESSOR, KREC-NITK, RESIDING AT 478, 11TH MAIN, MRCR LAYOUT, VIJAYANAGAR, BANGALORE-560040 13. SMT. B. BHARATHI, WIFE OF LATE DR. L.V. BALAJI RAO, AGED ABOUT 67 YEARS RETIRED PROFESSOR, KREC-NITK, RESIDING AT NO.54, 10TH MAIN, 4TH CROSS, GURURAJA LAYOUT, BANASHANKARI III STAGE, BANGALORE-560085. ...PETITIONERS (BY SRI. B.O.ANIL KUMAR, ADVOCATE FOR PETITIONER NOS.2, 3, 6, 9 TO 13; - 19 - NC: 2025:KHC:12399 WP No. 46289 of 2012 C/W WP No. 46271 of 2012 WP No. 46276 of 2012 COURT NOTICE SERVED ON PETITIONER NO.8; VIDE ORDER DATED 28.06.2024, PETITION AGAINST PETITIONER NO.4 IS ABATED; VIDE ORDER DATED 31.08.2024, PETITION AGAINST PETITIONER NOS.1 AND 5 IS ABATED) AND: 1. THE UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF HUMAN RESOURCES DEVELOPMENT, DEPARTMENT OF HIGHER EDUCATION, SHASTRI BHAVAN, NEW DELHI-110001 2. NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA, SURATHKAL, MANGALORE-575025 REPRESENTED BY ITS REGISTRAR ...RESPONDENTS (BY SRI. H. SHANTHI BHUSHAN, DEPUTY SOLICITOR GENERAL FOR RESPONDENT NO.1; SRI. JAYANTH DEV, ADVOCATE FOR SRI. K. PUTTEGOWDA, ADVOCATE FOR RESPONDENT NO.2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS LEADING TO THE IMPUGNED OFFICE MEMORANDUM DATED 03.10.2008, UNDER ANNEXURE-M TO THE WRIT PETITION AND COMMUNICATION DATED 25.05.2010, UNDER ANNEXURE-Q TO THE WRIT PETITION AND QUASH THE OFFICE MEMORANDUM BEARING NO.F.NO.38/37/08 P&PW(A).PT.1 DATED 03.10.2008, PASSED BY THE RESPONDENT NO.1 UNDER ANNEXURE-M TO THE WRIT PETITION AND ETC. THESE PETITIONS, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 20 - NC: 2025:KHC:12399 WP No. 46289 of 2012 C/W WP No. 46271 of 2012 WP No. 46276 of 2012 CORAM: HON'BLE MR JUSTICE R. NATARAJ ORAL ORDER In these writ petitions, the petitioners have all challenged an Office Memorandum bearing No.F.No.38/37/08-P & PW(A) dated 03.10.2008 issued by the respondent No.2 in W.P.No.46289/2012 (Government of India) by which, the fixation of pay was made subject to the provision that the revised pension, in no case, shall be lower than 50% of the sum of minimum of the pay in the pay band and grade pay thereon. The petitioners have also sought for a declaration that the communication dated 25.05.2010 issued by the respondent No.1 in so far as it denies higher pension determined in terms of paragraph No.5.1.47 of the report of 6th Central Pay Commission and pension of 50% of minimum of pay in the pay band at Rs.48,000/- per month and Academic Grade Pay of Rs.12,000/- per month to the petitioners as arbitrary, discriminatory, highhanded, etc., They also have sought for a direction to the respondents to pay to the petitioners pension/family pension, as the case may be, computed on the basis of pay fixation benefit in terms of paragraph No.5.1.47 of the report of the 6th Central Pay Commission or a minimum pay - 21 - NC: 2025:KHC:12399 WP No. 46289 of 2012 C/W WP No. 46271 of 2012 WP No. 46276 of 2012 of Rs.48,000/- in the pay band of Rs.37,400-67,000 together with Academic Grade Pay of Rs.12,000/-, whichever is higher. 2. (i) The petitioners contend that they have all retired from the services of respondent - institute, which is now known as National Institute of Technology Karnataka. They contend that they retired from service prior to 01.01.2006 and the pension payable in the Karnataka Regional Engineering College (henceforth referred to as 'KREC') was governed by the Karnataka State Rules, as at that point in time, the KREC was a joint venture of the Central Government and the State Government and was governed by the State pay scales. After the implementation of AICTE pay scales and other benefits and after implementation of 4th Central Pay Commission report with effect from 01.01.1986, the pension of KREC employees came to be governed by pension and family pension under 4th Central Pay Commission report as accepted by the Central Government. They contend that the Central Government instituted 6th Pay Commission, which submitted its report on 24.03.2008. It had made several recommendations and the ones relevant to the petitioners are at paragraph No.5.1.47, - 22 - NC: 2025:KHC:12399 WP No. 46289 of 2012 C/W WP No. 46271 of 2012 WP No. 46276 of 2012 which related to fitment benefit to the past pensioners. The same reads as follows:- "5.1.47. Fitment benefit to the Past pensioners: The Commission notes that modified parity has already been conceded between pre and post 1.1.1996 pensioners. Further, full neutralization of price rise on or after 1-1-1996 has also been extended to all the pensioners. Accordingly, no further changes in the extant rules are necessary. However, in order to maintain the existing modified parity between present and future retirees, it will be necessary to allow the same fitment benefit as is being recommended for the existing Government employees. The Commission, accordingly, recommends that all past pensioners should be allowed fitment benefit equal to 40% of the pension excluding the effect of merger of 50% dearness allowance/ dearness relief as pension (in respect of pensioners retiring on or after 1.4.2004) and dearness pension (for other pensioners) respectively. The increase will be allowed by subsuming the effect of conversion of 50% of dearness relief/dearness allowance as dearness pension/dearness pay. Consequently, dearness relief at the rate of 74% on pension (excluding the effect of merger) has been - 23 - NC: 2025:KHC:12399 WP No. 46289 of 2012 C/W WP No. 46271 of 2012 WP No. 46276 of 2012 taken for the purposes of computing revised pension as on 1.1.2006. This is consistent with the fitment benefit being allowed in case of the existing employees. A table (Annex. 5.1.1) showing fixation of the pension of the existing pensioners in the revised dispensation consequent to implementation of the recommendations of this Commission has been prepared and should be used for fixing the revised pension of the existing pensioners. The fixation as per this table will be subject to the provision that the revised pension, in no case, shall be lower than fifty percent of the sum of the minimum of the pay in the pay band plus the grade pay thereon corresponding to the pre-revised pay scale from which the pensioner had retired. To this extent, a change would need to be allowed from the fitment shown in the fitment table." (ii) These recommendations were accepted by the Central Government and pursuant thereto, the Central Civil Services (Revised Pay) Rules, 2008 were notified on 29.08.2008. The pay scales and allowances as recommended by the 6th Central Pay Commission were implemented in respect of the employees of the Central Government. The University Grants Commission appointed an Expert Committee to revise the pay scales of Teachers in Central Universities - 24 - NC: 2025:KHC:12399 WP No. 46289 of 2012 C/W WP No. 46271 of 2012 WP No. 46276 of 2012 corresponding to the 6th Central Pay Commission report. Based on the report of the Expert Committee, the University Grants Commission in its meeting held on 07.08.2008, decided to revise the pay scales of teachers in Central Universities and sought approval of the Government of India. The Government of India vide its communication 31.12.2008 decided to revise the pay scales of teachers in the Central Universities. Thereafter, the Government of India constituted another committee to examine specific issues relating to teachers in Indian Institutes of Technology and other premier institutes in the country. The recommendations made by the committee were accepted and the Government of India issued a notification dated 18.08.2009 directing the implementation of the revised pay scales for teachers in Centrally Funded Technical Institutes. In so far as the recommendations of the 6th Central Pay Commission in the matter of pension, all the recommendations except with certain modifications were accepted by the Government of India vide resolution dated 29.08.2008 and was published in the Gazette of India, Extraordinary dated 29.08.2008. As stated above, acceptance of the 6th Central Pay Commission report was communicated by - 25 - NC: 2025:KHC:12399 WP No. 46289 of 2012 C/W WP No. 46271 of 2012 WP No. 46276 of 2012 an Office Memorandum dated 01.09.2008. In this Memorandum, which was accepted by the Central Government, at paragraph No.4.2 it was stated as follows:- "4.2. The fixation of pension will be subject to the provision that the revised pension, in no case, shall be lower than fifty percent of the minimum pay in the pay band plus grade pay corresponding to the pre-revised pay scale from which the pensioner had retired. In the case of HAG + and above scales, this will be fifty percent of the minimum of the revised pay scale." (iii) Thereafter, the Implementing Ministries sought clarification, which was followed by an Office Memorandum dated 03.10.2008 issued by the Government of India clarifying that for the purposes of paragraph No.4.2 referred above, the pension calculated at 50% of the minimum of the pay band plus grade pay would be calculated at the minimum of the pay in the pay band irrespective of the pre-revised scale of pay plus grade pay corresponding to the pre-revised pay scale. (iv) The petitioners contend that this was not a clarification issued by the Government of India but it was annulment of soul of the recommendation of the 6th Central Pay - 26 - NC: 2025:KHC:12399 WP No. 46289 of 2012 C/W WP No. 46271 of 2012 WP No. 46276 of 2012 Commission report and the Government of India's resolution dated 29.08.2008, which completely destroyed the relief granted to the pensioners prior to 01.01.2006 by the 6th Central Pay Commission report which was accepted by the Government of India. The petitioners are therefore, before this Court challenging the clarification issued by the Government of India vide its Office Memorandum dated 03.10.2008 and also for a direction to pay pension in terms of paragraph No.5.1.47 of the 6th Central Pay Commission. 3. The learned counsel for the petitioners reiterated the above contentions and submitted that by virtue of clarification, the Government of India had taken away what was given by it. As a result, the petitioners would not be entitled to the benefit of 6th Central Pay Commission, in so far as it related to the pension benefits to them. He contends that the very same question arose for consideration before the High Court of Punjab and Haryana in the case of R.K. Aggarwal and others vs. State of Haryana and others [2012 SCC OnLine P & H 24416]. The said Office Memorandum dated 03.10.2008 came up for consideration before the High Court of Delhi in the case of Union of India and another vs. Central Government - 27 - NC: 2025:KHC:12399 WP No. 46289 of 2012 C/W WP No. 46271 of 2012 WP No. 46276 of 2012 SAG and others [W.P.(C) No.1535/2012 and connected cases], where the Hon'ble High Court of Delhi followed the decision of High Court of Punjab and Haryana and held that the pensioners therein were entitled to the pension as per paragraph No.5.1.47. The judgment of the High Court of Punjab and Haryana as well as the judgment of the High Court of Delhi were challenged before the Hon'ble Supreme Court in SLP (C) Nos.36148-36150/2013 and other connected petitions, which were admitted and granted leave and were connected with C.A.Nos.8875-8876/2011 and other connected appeals. The said Special Leave Petitions and Civil Appeals were dismissed as no substantial questions of law arose for consideration. He thus, contends that in the case of the petitioners also, the same benefit has to follow and the petitioners are entitled to pension as per paragraph No.5.1.47. 4. The learned Deputy Solicitor General of India appearing for respondent - Union of India, opposed the writ petition and submitted that the clarification was based on inputs received by the Government of India regarding financial impact. He also contends that the Government of India had specifically held that fixation of family pension will be subject to - 28 - NC: 2025:KHC:12399 WP No. 46289 of 2012 C/W WP No. 46271 of 2012 WP No. 46276 of 2012 the provision that the revised family pension, in no case, shall be lower than 30% of the sum of the minimum pay in the pay band and grade pay thereon corresponding to the pre-revised pay scale in which the pensioner/deceased Government servant had last worked. This, he contends would be in addition to what was drawn by the petitioners prior to implementation of the 6th Central Pay Commission. Thus, he contends that there is no error in the clarification issued by the Government of India in re-fixing the pension payable. 5. The learned counsel for respondent - Institute, where the petitioners were employed earlier submitted that the institutions have merely given effect to the notification issued by the Government of India and therefore, no fault could be found with them. 6. I have considered the submissions of the learned counsel for the petitioners as well as the learned Deputy Solicitor General of India for the respondent - Union of India and the learned counsel for the respondent - Institute. 7. A perusal of the judgment of the High Court of Punjab and Haryana as well as the judgment of the High Court - 29 - NC: 2025:KHC:12399 WP No. 46289 of 2012 C/W WP No. 46271 of 2012 WP No. 46276 of 2012 of Delhi shows that what was challenged in those petitions were the correctness of clarification issued by the Government of India vide its Office Memorandum dated 03.10.2008 relating to the fixation of pension to the pensioners, who had retired from service much prior to the implementation of 6th Central Pay Commission. The High Court of Delhi and the High Court of Punjab and Haryana had specifically held that the clarification issued by the Government of India at paragraph 4.2 was against the provisions of re-fixing the pension as per 6th Central Pay Commission as per paragraph No.5.1.47. It is apparent from the recommendations of the 6th Central Pay Commission that all past pensioners should be allowed fitment benefit equal to 40% of the pension excluding the effect of merger of 50% dearness allowance/dearness relief as pension in respect of pensioners retiring on or after 01.04.2004 and dearness pension for other pensioners respectively. This increase was allowed by subsuming the effect of conversion of 50% of dearness relief/dearness allowance as dearness pension/dearness pay. Consequently, dearness relief at the rate of 74% on pension excluding the effect of merger has been taken for the purposes of computing revised pension as on - 30 - NC: 2025:KHC:12399 WP No. 46289 of 2012 C/W WP No. 46271 of 2012 WP No. 46276 of 2012 01.01.2006. However, the impugned clarification issued by the Government of India took away the benefit granted to the pensioners. Therefore, as held by the High Court of Punjab and Haryana as well as High Court of Delhi, the petitioners were all entitled to the benefit of fitment of pension as per paragraph No.5.1.47 of the 6th Central Pay Commission, which was accepted by the Government of India. 8. Hence, the following ORDER (i) These petitions are allowed. (ii) The clarification issued by the Government of India dated 03.10.2008 at paragraph No.4.2 is quashed. (iii) In view of quashing of the Office Memorandum dated 03.10.2008, consequent communication dated 25.05.2010 issued by the Government of India is also quashed. (iv) Consequently, the respondents are directed to implement and grant fitment benefit of pension to the petitioners as per paragraph No.5.1.47 of the - 31 - NC: 2025:KHC:12399 WP No. 46289 of 2012 C/W WP No. 46271 of 2012 WP No. 46276 of 2012 recommendation of the 6th Central Pay Commission, which was accepted by the Government of India. (v) This shall be complied within a period of three months from the date of receipt of certified copy of this Order. (vi) It is needless to mention that in case where the petitioners are not alive, their legal representatives are entitled to the arrears of fitment of pension as per paragraph No.5.1.47 of the recommendation of 6th Central Pay Commission, which is accepted by the Government of India. 9. In view of disposal of the writ petitions, pending I.As., if any, do not survive for consideration and the same stand disposed off. Sd/- (R. NATARAJ) JUDGE PMR/List No.: 1 Sl No.: 38