(1.) Heard Mr. M.C. Kandpal, learned Senior Counsel for the petitioner and Mr. B.P.S. Mer, learned Standing Counsel for the State of Uttarakhand.
(2.) The petitioner has invoked the jurisdiction of this Court seeking a writ of mandamus commanding the respondents to fix his pension in the pay-scale of Rs.37400.0067000 with Grade Pay of Rs.8700.00 notionally on 1/1/2006, and to pay him actual pensionary benefits from 1/4/2009, and to re-fix his pension on the basis of the Government Order.
(3.) The petitioner was working as a Joint Director when he retired from service on 30/6/2007. After his retirement, the State Government issued Government Orders dtd. 17/10/2008 and 13/2/2009 revising the pay-scales of employees in the Education Department, belonging to the teaching category, from 1/1/2006 onwards. In terms of the said Government Orders, while the notional pay of teaching staff, in terms of the Sixth Pay Commission pay-scales, stood revised from 1/1/2006, the actual benefit of the revised Sixth Pay Commission pay-scales was required to be extended only from 1/4/2009 onwards.