RAMCHANDRA BAPU NIRMALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this Petition under Article 226 of the Constitution of India, the Petitioner has challenged an order dtd. 10/10/2022 passed by the Maharashtra Administrative Tribunal (for short 'Tribunal') dismissing Original Application No.316 of 2021 filed by the Petitioner. The Tribunal upheld the order of the Respondents whereby in calculating the pension of the Petitioner, the punishment imposed by reduction of salary in equivalent grade in 3 stages till the date of the retirement has been reduced for computing last drawn pay.

(2.) Briefly the facts are as under :

(3.) The Respondents recovered from the Petitioner the amount imposed as per the aforesaid punishment order. However, while calculating pension post retirement, same was calculated by reducing the aforesaid withholding of the reduction in pay scale. On 15/11/2017, the Petitioner made a representation to the Respondents protesting against the same and requested to re-consider his case by calculating the pension by considering the increment. However, the said representation was not considered favourably and therefore, the Petitioner filed Original Application No.316 of 2021 before the Tribunal alleging improper fixation of pension due to incorrect implementation of punishment order dtd. 31/3/2008. The Petitioner before the Tribunal sought direction against the Respondents for calculating pension on a pay-scale 32790+5400+25% Non-Practicing Allowance.