MOHD HUSSAIN Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and the learned standing counsel for the respondents.

(2.) The petitioner retired as Assistant Engineer serving in the Irrigation Department on 30.6.2009. His increment according to his date of birth was due to him on 1.7.2009. It is alleged that the Department is treating the petitioner to have retired on 30.6.2009 and is not giving the benefit of increment for the purposes of calculation of pension. Learned Counsel for the petitioner contends that the petitioner is a Government servant and in accordance with his date of birth he was entitled for one days salary and the increment due on 1.7.2009, for computation of pension.

(3.) Learned Counsel for the petitioner has relied upon a decision in the case of Ram Anjore Singh v. Union of India, 2007 7 AWC 6731 , in which this Court relying upon the decision of the Supreme Court in the case of S. Banerjee v. Union of India,1990 0 LIC 298 , clarified the law with regard to the date of retirement and the applicability of pension. It was held that those persons who retired between 1.1.1986 to 30.6.1986 were entitled to the benefits of the revision of pay scale.