Dr. C. R. Suryanarayana vs. Union Of India

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION (C) NOS.833, 857-862, 863, 865 & 869 OF 2002

UNION OF INDIA & ORS. ... PETITIONER(S)

VERSUS

RETIRED ARMED FORCES MEDICAL ASSOCIATION & ORS. ... RESPONDENT(S)

O R D E R

1. In all these Transfer Petitions, the petitioners/Union of India is seeking the following reliefs/prayers. They are as under:

"It is, therefore, most respectfully prayed that Yours Lordships may graciously be pleased to take up the matter for consideration allow the petition and pass appropriate order for withdrawal of writ petitions pending before different High Courts, namely, Writ Petition No.3900 of 2002 - Ltd. Gen. P.B.Ramaniah & Ors. Vs. Union of India & Ors., pending in Andhra Pradesh High Court, Writ Petition No.3579 of 2002 - Mrs. Flora Srinagesh & Ors. Vs. Union of India & Ors., pending in Andhra Pradesh High Court, Writ Petition No.4317 of 2002 - Col. Kunnamari Prakash Rao Vs. Union of India & Ors., pending in Andhra Pradesh High Court, Writ Petition No.5379 of 2002 - Maj. T.Swamy Vs. Union of India & Ors., pending in Andhra Pradesh High Court, Writ Petition No.3336 of 2002 - Armed Forces Ex-Officers Association & Ors. Vs. Union of India & Ors., pending in Calcutta High Court, Writ Petition No.13156-13209 of 2002 - Armed Forces Medical, Dental & Veterinary Officer Pensioners & Ors., Vs. Union of India & Ors. pending in Karnataka High Court, Writ Petition No.1845 of 2002 - Retd. Armed Forces Medical Association & Ors. Vs. Union of India & Ors, pending in Delhi High Court, Writ Petition NO.18636 to 18647 of 2002 - Armed Forces Medical, Dental and Veterinary Officers' Association & Ors. Vs. Union of India & Ors., pending in Karnataka High Court, Writ Petition No.13912 of 2002 - Brig. Dr. C. R. Suryanarayana Vs. Union of India & Anr. pending in Madras High Court, Writ Petition Nos.10587-10591 of 2002 - Wing Commander G. Swaminathan Vs. Union of India & Ors. pending in Madras High Court, Writ Petition No.13913 of 2002 - Brigadier G.V.Ramani Vs. Union of India & Anr. Pending in Madras High Court, Writ Petition No.13914 of 2002 - Lt.Col.V.Jayaraman Vs. the Union of India & Anr. Pending in Madras High Court, Writ Petition No.13915 of 2002 - Ltd. Gen. A. Ramasubramanian Vs. The Union of India pending in Madras High Court, Writ Petition No.14236 of 2002 - Maj. Venkatavardan Raghavan Vs. The Union of India & Anr. pending in Madras High Court, Writ Petition No.1811 of 2002 - Surg. Vice-Admiral Y.C. Sharma Vs. Union of India & Ors. pending in Jaipur High Court, Writ Petition No.20325-20330 of 2002 - Armed Forces Medical Dental and Veterinary Officers Pensioners Association & Ors. Vs. The Union of India & Ors., pending in Karnataka High Court, Writ Petition No.7677 of 2002 - Maj. Gen. N.D. Prashar & Ors. Vs. Union of India & Ors., pending in Punjab and Haryana High Court, Writ Petition No.10542 of 2002 - Coloner (Retd.)B.J.Akkara Vs. The Government of India & Ors. Pending in Kerala High Court, Writ Petition No.13761 of 2002 - Lt. Col. Gopalakrishnan & Ors. Vs. The Union of India & Ors. Pending in Kerala High Court, Writ Petition No.4124 of 2002 - Col.Pullin Kumar Baruah (Retd.) & Ors. Vs. Union of India & Ors. Pending in Guwahati High Court, Writ Petition No.15946 of 2002 - Association of Retired

O

Officers of Army Medical Corps, Army Dental Corps and Remount Veterinary Corps & Ors. Vs. Union of India & Ors., pending in Mumbai High Court, Writ Petition No.15355 of 2002 - Col.Dr.(Mrs.) Anna Thaplial Vs. Government of India & Ors. Pending in Andhra Pradesh High Court and CWP No.2831/2002 - Remount and Veterinary Officers Welfare Association & Ors Vs. Union of India and Ors. Pending in Delhi High Court and transfer to this Hon'ble Court for disposal of all the cases by itself on merit and/or pass such other order and further order or orders as Your Lordships may deem fit and proper under the circumstances of the case."

2. At the time of hearing of these Transfer Petitions, Shri L.Nageswara Rao, learned Additional Solicitor General appearing for the petitioners-Union of India would bring to our notice the decision of this Court in the case of Col.B.J.Akkara (Retd.) vs. Government of India & Ors., reported in (2006) 11 SCC 709, and also invite our attention towards the questions framed by this Court for its consideration and decision. The said questions are as under :

"(i) Whether the circular dated 11-9-2001, is only a clarification, or an amendment, to the circular dated 7-6-1999.

(ii) Whether the circular dated 7-6-1999 as clarified by the circular dated 11-9-2001, leads to unequal treatment of those who retired prior to 1-1-1996 and those who retired after 1-1-1996 solely with reference to date of retirement.

(iii) Whether the respondents having accepted and implemented the decision of the Delhi High Court [in K.C.Garg (Dr.) v. Union of India] on a similar issue, are required to extend a similar treatment to Defence Service Medical Officers also, by canceling the circular dated 11-9-2001.

(iv) Even if the circular dated 11-9-2001 is found to be valid, whether the respondents are not entitled to recover the excess payments made."

3. The learned Additional Solicitor General also brings to our notice the conclusions reached by this Court insofar as circular dated 11-9- 2001 issued by the Union of India is concerned. The conclusions reached by this Court are at paras 32 and 33 of the said judgment. The same reads as under :

"32. The circulars dated 7-6-1999 and 11-9-2001 relate not only to pension but also family pension, the only difference being the percentage that is, 30% is mentioned in respect of family pension instead of 50% in respect of pension What we have discussed and held in respect of pension will apply to family pension also.

33. In view of the above, the challenge to the validity of the circular dated 11-9-2001 is rejected. These petitions (transferred cases) are dismissed. The respondents, however, shall not recover the excess, if any, paid to the petitioners between 7-6-1999 and 11-9- 2001. The respondents may recover the excess if any paid after 11- 9-2001 in appropriate monthly instalments approximately equal to the monthly excess payment......"

34. In view of the above said decision of this Court in the case of Col.B.J.Akkara (Retd.) (supra) we are of the opinion that the relief(s) sought for by the petitioners in the Writ Petitions filed before various High Courts are liable to be rejected only on the ground that the validity of the circular dated 11.9.2001 has already been rejected by this Court. Accordingly, we dismiss the Writ Petition Nos.20325-20330 of 2002 pending in Karnataka High Court, Civil Writ Petition No.13761 of 2002 pending in Kerala High Court, Writ Petition Nos.1845 of 2002 and Writ Petition No.2831 of 2002, pending in Delhi High Court, Civil Writ Petition No.7677 of 2002 pending in Punjab and Haryana High Court.

35. These Transfer Petitions are disposed of accordingly.

Ordered accordingly.

....................J. ( H. L. DATTU )

....................J. ( M. Y. EQBAL )

NEW DELHI; SEPTEMBER 20, 2013. ITEM NO.59 COURT NO.4 SECTION XVIA

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

TRANSFER PETITION (CIVIL.) NO(s).833, 857-862, 863, 865 & 869 OF 2002

GOVERNMENT OF INDIA & ORS. Petitioner(s)

VERSUS

P.V. RAMANAIAH & ORS. Respondent(s)

(With appln(s) for directions,stay)

Date: 20/09/2013 These Petitions were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE H.L. DATTU HON'BLE MR. JUSTICE M.Y. EQBAL

For Petitioner(s) Mr.L.Nageswara Rao, ASG Mrs.Gurmeet Kaur Kwatra, Adv. Mr. B.V. Balaram Das,Adv.

For Respondent(s) Mr. Ghanshyam Joshi,Adv. Ms. Abha R. Sharma ,Adv(NP)

Mrs.D. Bharathi Reddy ,Adv(NP)

Mr. A. Raghunath ,Adv

Mr.Dipak Kumar Jena ,Adv Mr.Y.Nautial, Adv. P.Parti, Adv.

UPON hearing counsel the Court made the following O R D E R

The Transfer Petitions are disposed of, in terms of the signed order.

(G.V.Ramana) (Vinod Kulvi) Court Master Asstt.Registrar (signed order is placed on the file)