UNION OF INDIA Vs. CENTRAL ADMINISTRATIVE

JUDGEMENT

(1.) This writ petition is filed to quash the order made in O.A. No. 1293 of 2011, dated 22.11.2012. The second respondent herein filed the said O.A. No. 1293 of 2012 praying to direct the respondents to revise and re-fix the pay and pension of the second respondent/applicant as recommended by the 6th Pay Commission by taking into the revised pay applicable to the post of Higher Selection Grade-I, in which the second respondent was ordered to officiate for the period from 3.11.2005 to 24.6.2006 and 26.6.2006 to 30.11.2006 and that consequently direct the petitioners to pay gratuity, encashment leave, commutation of pension and pension etc. The said original application was allowed considering the fact that the second respondent served in the higher post and received salary. The said order is challenged on the ground that the second respondent was given promotion only on adhoc basis and the emoluments received cannot be treated as a salary for fixing the pension and other terminal benefits. The said issue was already considered and decided by the Hon'ble Supreme Court in the decision reported in Jaswant Singh v. Punjab Poultry Field Staff Association and Ors., 2002 AIR(SC) 231 . In Para 11 of the said decision, it is held thus:-

(2.) In the decision reported in Union of India and Others v. Anil Kumar Sarkar, 2013 4 SCC 152, in paragraphs 13 and 14, it is held thus:-

(3.) The learned counsel for the petitioners also produced the CCS Pension Rules and Rule 49 states that the amount of pension shall be calculated at 50% of average emoluments. The promotion order granted for one year by the Ministry of Communications & IT (Department of Posts), dated 20.11.2006 reads as follows:-