BHOOP SINGH Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) The petitioner's grievance is that he has been fixed in the wrong stage of the pension resulting in loss of pension and the other benefits.

(2.) The petitioner initially retired as on 06.09.1991 as an Inspector in the pay scale of Rs. 1600-2900. With effect from 01.01.1996, the replacement scale was Rs. 5500-9000. This was subsequently revised on 10.10.1997 to Rs. 6500-10500. With the VIth Pay Commission's recommendations, the pay scale in respect of the equivalent applicable grade (from which the petitioner had retired) was fixed at Rs. 9300-34800 with Rs. 4200/- grade pay. The petitioner had approached this court by way of the present writ petition complaining that the pension fixed consequent to the VIth Pay Commission was on a wrong basis and instead of Rs. 7215/- the corresponding pension of Rs. 8145/- with reference to the original pay scale of Rs. 6500-10500 (i.e. prerevised pay scale) was applicable. This court had on 23.02.2015, for the reasons recorded, rejected the petition. The petitioner felt aggrieved and claimed that the dismissal was contrary to the record and filed R.P.226/2015. That review petition was allowed on 11.09.2015 and the writ petition was restored for hearing on merits. The order of the court is as follows:

(3.) We have considered the submissions of the parties. It is not in dispute that the petitioner retired on 06.07.1991 and was at that time in the pay scale of Rs. 1600-2900. He was consequently permitted retiring pension at Rs. 968/- per month. After implementation of the 5th Pay Commission the pay scale corresponding Rs. 1600-2900 was Rs. 5500-9000. His pension was therefore revised to Rs. 2936/- on 01.01.1996. Apparently, in the meanwhile the pay scale in respect of the grade from which the petitioner retired underwent a change inasmuch as it was revised to Rs. 6500-10500 sometime in 1997. When the VIth Pay Commission recommendations were made, the petitioner's pension was re-fixed on the assumption that his last drawn salary was in the grade equivalent to Rs. 5500-9000. This was clearly erroneous because he was actually drawing salary as per a scale equivalent to Rs. 6500-10500 by virtue of the subsequent order made in 1997. It is therefore evident that the petitioner is entitled to higher pension at Rs. 8145/- according to the Fitment Table placed on record.