MAHAVIR PRASAD VERMA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner is aggrieved by the action of the respondents in refusing to fix his pension on the basis of the pay of Rs. 560/- per month which he was drawing at the time of his retirement, i.e. on June 30, 1976.

(2.) THE relevant facts are that the petitioner was appointed as a guard in the respondent railways in Grade 'C on September 28, 1943. One Som Nath and B. P. Chaturvedi were also appointed guards in grade 'C but subsequently in the year 1945. On September 5, 1959, the petitioner was promoted to the post o: guard in grade 'B' and ultimately on November 18, 1972 the petitioner was promoted to the next higher grade, namely, grade 'A'. Som Nath and B. P. Chaturvedi, on the other hand, were promoted to grade 'B' on December 27, 1964 and grade 'A' on January 2, 1975.

(3.) WHEN the petitioner applied for fixation of his pension upon his retirement, the respondents fixed the pay of the petitioner for the purpose of determination of his pension at the time of his retirement at Rs. 530/- on the premise that the petitioner was not entitled to the benefit of the aforesaid Railway Board's circular. The contention of the petitioner is that the respondents have misinterpreted and misunderstood the scope of the aforesaid circular and that on a true and proper construction of the same the petitioner's pension ought to have been fixed treating the salary of the petitioner on the date of retirement at Rs. 560/-. In the counter affidavit which has been filed in this case on behalf of the respondents, the stand taken is that Som Nath and B. P. Chaturvedi both were drawing higher pay in grade 'C' than the petitioner on April 1, 1961, the date with effect from which the aforesaid Railway Board's circular became applicable and consequently the petitioner could not be allowed the benefit of the same.