K JAGANNATHAN Vs. TAMIL NADU ELECTRICITY BOARD

JUDGEMENT

(1.) COMMON ORDER The petitioners have filed the writ petitions praying for issuance of a writ of certiorarified mandamus, to call for the records of the first respondent in letter No. 26157/ F.4/F.42/BOAB/2002-1 dated 1.7.2002, Letter No.26157/F.4/F.42/ BOAB/2002-3 dated 1.7.2002,Letter No.26157/F.4/F.42/BOAB/2002-4 dated 1.7.2002, and letter No.26157/F.4/F.42/BOAB/2002-2 dated 1.7.2002 respectively and letter No.26157/F4/F42/2002-7 dated 9.1.2003, letter No.26157/F4/F42/2002-8 dated 9.1.2003, letter No.26157/F4/F42 /2002-6 dated 9.1.2003 and letter No.26157/F4/ F42/ 2002-5 dated 9.1.2003 respectively of the second respondent, to quash the same and consequently, direct the respondents to revise the pension of the petitioner to Rs.4050/- per month,Rs.4050/- per month, Rs.3621/- per month and Rs.4050/- per month respectively.

(2.) The petitioners have retired as a Special Grade Accountant on 31.3.1983,31.7.1984,31.12.181 and 31.7.1976 respectively on superannuation from the service of the Tamil Nadu Electricity Board and they have receiving pension from the date of retirement. It is the case of the petitioners that as per G.O.Ms.No.200 Finance Department dated 18.5.1999, the Government of Tamil Nadu revised the pension in respect of pre-1996 pensioners and the same has been adopted by the first respondent/Board in respect of individuals receiving pension from the Electricity Board. While adopting the orders of the Government, the Electricity Board also by means of proceedings in BP(CH) NO.250 dated 5.10.1999 has decided that in the case of employees who have retired from service prior to 1.12.1996,the revised pension shall be calculated at 50% of the minimum of the revised time scale of pay introduced with effect from 1.12.1996 applicable to the post last held by the employee at the time of retirement. Also the said order mentioned that the Chief Internal Audit Officer, viz., the second respondent would be responsible for the revision of pension based on the application submitted by the petitioner and in respect of employees whose posts were abolished and not in existence on the date of issue of the both the proceedings, the second respondent would identify the appropriate revised scale admissible to those posts with effect from 1.12.1996 and in case of difficulty, the matter would be referred to the first respondent.

(3.) By identifying the post of Assistant Accounts Officer as the post equivalent to the Special Grade Accountant, since the post of Special Grade Accountant was not in existence on 5.10.1999 , the pension was revised to Rs.4050/- Rs.4050/- Rs.3621 and Rs.4050/- per month. The petitioner started drawing the revised pension from 1.4.1999 onwards and arrears of Rs.10,296/-,Rs.6279/-,Rs.9958/- and Rs.6624/- respectively have also been credited to their account along with the monthly pension for February 2000,February 2000,December 1999 and December 1999 respectively.