TMI Blog2006 (4) TMI 559X X X X Extracts X X X X X X X X Extracts X X X X ..... on Committee . The notification declared that, after considering the recommendations of the aforesaid Committee, the State Government, after due deliberations, had decided to revise the provisions regulating Pension, Family Pension and Death-cum-Retirement Gratuity of the State Government employees to the effect and extent indicated in the subsequent paragraphs. That certain benefits were made available under the said notification is common ground. However, the effective date of the notification was fixed as 1.1.1986, although the notification declared that, the financial benefits of revision of pension would be admissible only with effect from 1.3.1989 and no arrears would be paid for the period 1.1.1986 to 28.2.1989. Paragraph 1 of the said notification is relevant and reads as under: 1. (i) Date of effect: The revised provisions as per these, orders shall apply to Government servants, who retire/die in harness on of (sic) after the 1st January 1986. The revision of pension with effect from 1st January 1986 shall be merely notional as the financial benefit of revision of pension will be admissible only with effect from 1st March 1989, to it, no arrears accruing from revision ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... present case, it could as well, have fixed 1.3.1989 or date of issue of the impugned (sic) resolution i.e. 19.4.90 as the cut off date. The question for consideration nevertheless whether having decided to revise rationalise (sic) the pension scheme with effect from 1.1.86 on the Central pattern, the state Government had any justification to deny the consequential monetary benefits thereof and make the same effective only from 1.3.1989. 4. The appellants challenged the judgment of the High Court by their Special Leave Petition (Civil) No. 209/97 before this Court and this Court was pleased to summarily dismiss the Special Leave Petition on 20.1.1997. 5. Another similar writ petition being C.W.J.C. No. 2080/96, which was pending in the Ranchi Bench of the High Court, was dismissed by a learned Single Judge on 10.7.1997. The said judgment was impugned in a Letters Patent Appeal before the Division Bench. During its pendency, the respondent initiated contempt proceedings. The contempt proceedings were closed by a direction of the High Court that non-implementation of the order was due to a bona fide misunderstanding and the State Government was granted three weeks time for imple ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d solutions are otherwise within their legislative competence. It would, we think, be erroneous to equate the judgment of the High Court under Article 226 with Article 226 itself and confer upon it all the attributes of the said constitutional provision. And further, learned Counsel for the appellants urged that an Act of the State legislature can be struck down by the courts in exercise of their powers of judicial review only on the following grounds: (a) That the State legislature was incompetent to enact the legislation; (b) That it was violative of any provisions contained in Part III of the Constitution; (c) That it was violative of any other provisions of the Constitution; or (d) That it was an infringement of the basic features of the Constitution. Barring these available grounds, there is no other ground on which an Act of a State legislature can be struck down and declared to be ineffective, submits the learned Counsel. 9. Learned Counsel relied on Bakhtawar Trust and Ors v. M.D. Narayan and Ors.: AIR2003SC2236 wherein it is observed (vide paragraph 14) as under: The validity of any statute may be assailed on the ground that it is ultra vires the le ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of Revision of Pension/Gratuity. Notwithstanding any judgment, decree or order of any Court, Tribunal or Authority the Government Resolutions No. 1853 (F) and 1854 (F) both dated 19th April, 1990 would be deemed to have been enforced from 1st March, 1989 and the benefits of pension/ family pension and gratuity given to the Government employees under the said two Resolutions would be deemed to have been due to the employees w.e.f. 1st March, 1989 only and the said date would be deemed always to have been the cut-off date for the said two Resolutions. 5. Overriding effect of the Act.- Notwithstanding anything to the contrary contained in any judgment decree or order passed by any Court, Tribunal or Authority and in any other law for the time, being in force the provisions of this Act shall prevail and have effect. 11. It is the validity of this Act which was impugned before the High Court, resulting in the impugned judgment. Once again, relying on the judgment in Bakhtawar Trust (supra), the learned Counsel for the appellants contended that, a validating Act may even make ineffective the judgments and orders of competent courts provided it, by retrospective legislation, remov ..... X X X X Extracts X X X X X X X X Extracts X X X X
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