NIRMALYA BHATTACHARJEE Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The petitioner, who retired from the post of Executive Engineer (Electrical) on 31/1/2015, is aggrieved with the effect and consequences on his pensionary benefits caused by the Notification of the Meghalaya Energy Corporation Limited (Revision of Pay) Regulation, 2015, which was notified on 15/5/2017, which he alleges has resulted in Executive Engineers who were junior to the writ petitioner but who retired before 1/1/2015, drawing a higher pension.

(2.) The writ petitioner retired from the post of Executive Engineer (Electrical) on 31/1/2015 when his basic pay was Rs.56,330.00 and the prevailing norm for fixation of pension was 50% of the average pay of the last 6 months, including Special Pay subject to a maximum of Rs.27,380.00per month. After computation of the last 6 months pay of the petitioner, 50% of the average emolument worked out to Rs.27,948.33 and accordingly his pension was fixed at Rs.27,380.00 with effect 1/2/2015 which was the maximum amount payable.

(3.) The respondent corporation vide Notification dtd. 15/5/2017, notified the Meghalaya Energy Corporation Limited (Revision of Pay) Regulation, 2015, revising the pay scale of its employees with effect 1/1/2015 and consequently by an Office Memorandum of the same day, the pensionary benefits of the employees stood revised with effect from 1/1/2015. Regulation/Paragraph 5 of the said OM dtd. 15/5/2017 dealt with the Revision of Pension/Family Pension and Principles of Fixation. Paragraph 5 (i) of the OM provided that Pension/Family Pension will be determined by multiplying the existing Basic Pension/Family Pension as on 1/1/2015 by a factor of 1.82, whereas Paragraph 5(iv) of the OM provided the computation and fixation of the employees who retired within 6 months from the date of coming over to the revised scale of pay i.e., MeECL(RoP) Regulation, 2015.