INDER SINGH Vs. STATE OF UTTARANCHAL AND ORS.

JUDGEMENT

(1.) AS an employee of U.P. Jal Nigam, Petitioner retired on 31.10.2002. On 7.11.2002, Uttaranchal Pey Jal Nigam was created as a body corporate constituted by and under the same Act, by which U.P. Jal Nigam was constituted, by effecting certain amendments thereto. Petitioner started getting his pension from Uttaranchal Pey Jal Nigam. On 16.10.2003, Uttaranchal Pey Jal Nigam made available certain facilities to its employees, in terms whereof, employees of Uttaranchal Pey Jal Nigam became entitled to career advancements. If the provisions contained in the Scheme for career advancements, as propounded by Uttaranchal Pey Jal Nigam on 16.10.2003, are applied to the Petitioner, Petitioner would be deemed to be entitled to such career advancements before he retired and, accordingly, would become entitled to higher pay than what he received before his retirement and consequentially, his pension will also stand revised. Petitioner made representations for obtaining the same, but was not accorded what he had asked for. That has brought him to this Court through the present writ petition.

(2.) A look at the Career Advancement Scheme, propounded by Uttaranchal Pey Jal Nigam, would demonstrate that the same was applicable to its the then existing employees and not to employees, who have already retired or otherwise disassociated themselves from Uttaranchal Pey Jal Nigam. That being the situation, provisions contained in the said scheme could not be applied to the Petitioner and, accordingly, Petitioner cannot be adjudged to have been made entitled to receive any remuneration for more than what he received before his retirement and, accordingly, question of altering his pension does not arise.

(3.) IN the circumstances, we are not in a position to ascertain whether in terms of the scheme, propounded by U.P. Jal Nigam, Petitioner's salary could be altered with effect from a date prior to his retirement, requiring recalculation of his pension.