BHOLA DUTT JOSHI S/O LATE SRI A.D. JOSHI Vs. STATE OF UTTARAKHAND THROUGH PRINCIPAL SECRETARY, FINANCE DEPARTMENT, GOVERNMENT OF UTTARAKHAND,

JUDGEMENT

(1.) THE petitioner retired after 1st January 2006, but before 27th October 2008. Accordingly, the petitioner's pension and other retiral dues were calculated on the basis of the pay scale, to which the petitioner was entitled to at the time of his retirement. On 27th October 2008, the government decided to alter the pay scale of all its employees with effect from 1st January 2006, and held out that all its employees shall be entitled to pension and other terminal dues on the basis of the pay scale replaced with effect from 1st January 2006, if the employee has worked and retired after 1st January 2006. In view of the said decision of the government, the petitioner made a representation for payment of his salaries from 1st January 2006 until the date of his retirement to be calculated on the basis of the replaced pay scale effective from 1st January 2006, and also resettlement of his pension and other terminal dues on the basis of the pay he became entitled to in view of replacement of the pay scale with effect from 1st January 2006. The said representation of the petitioner was rejected only on the ground that since the petitioner retired prior to government decision dated 27th October 2008, the petitioner was not entitled to the advantage or benefit of the replaced pay scale effective from 1st January 2006. The petitioner, accordingly, has approached this Court.

(2.) IN the counter affidavit, the State has stated that the petitioner is entitled to the replaced pay scale with effect from 1st January 2006 as well as resettlement of his pension and other terminal dues on the basis of the pay the petitioner became entitled pursuant to the replaced pay scale and has already taken steps for recalculating the pension payable to the petitioner and has reached the same to the petitioner. In such view of the matter, the writ petition is disposed of by directing payment of the arrear salary from 1st January 2006 to be calculated on the replaced pay scale as well as the arrear due on account of pension and other terminal dues as are due and payable to the petitioner. Let the same be paid to the petitioner as quickly as possible but not later than three months from the date of service of a copy of this order upon respondent No. 2. In the event, the respondent No. 2 has already issued the appropriate order in order to enable the petitioner to obtain the same, the Treasury Officer of the concerned Treasury is directed to honour such order of respondent No. 2, no sooner a copy of this order is produced before him.