Sitaram Singh vs The State Of Bihar And Ors on 3 May, 2023
In view of the above and for the reasons
stated above, we are of the opinion that the
controversy/issue in the present appeal is
squarely covered by the decision of this
Court in D.S. Nakara [D.S. Nakara v. Union
of India, (1983) 1 SCC 305. The decision of
this Court in D.S. Nakara shall be applicable
with full force to the facts of the case on
hand. The Division Bench of the High Court
has clearly erred in not following the
decision of this Court in D.S. Nakara and
has clearly erred in reversing the judgment
and order of the learned Single Judge. The
impugned judgment and order passed by the
Division Bench is not sustainable and the
same deserves to be quashed and set aside
and is accordingly quashed and set aside.
The judgment and order passed by the
learned Single Judge is hereby restored and
it is held that all the pensioners, irrespective
of their date of retirement viz. pre-1996
retirees shall be entitled to revision in
pension on a par with those pensioners who
retired post-1996. The arrears be paid to the
respective pensioners within a period of
three months from today."