G RAMI REDDY Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) In this writ petition filed by a retired District and Sessions Judge, the dispute brought before the Court relates to fixation of pension of the petitioner on his retirement.

(2.) The petitioner joined the A.P. Judicial Service in the year 1963. He was promoted as District Judge Gr. II in the year 1983. He worked as Chairman, Industrial Tribunal, Hyderabad with effect from 23.5.1989 and as Chairman, Additional Industrial Tribunal, Hyderabad with effect from 30.4.1990. The petitioner, while working as Chairman, Industrial Tribunal, Hyderabad, was sent on deputation as Director (legal) to the institution of A.P. Lok Ayuktha and Upa Lok Ayuktha on 1.5.1990 and he worked there as such for a period of three months and retired from service on 31.7.1990. The last drawn pay of the petitioner in the post of Chairman, Addl. Industrial Tribunal, Hyderabad, was Rs.4180.00 per month and that post was a cadre post. When he was deputed as Director (legal) to the institution of Lok Ayuktha and Upa Lok Ayuktha, his pay was fixed at Rs.4180.00 per month in the post on the basis of the last drawn pay. After the retirement of the petitioner, his pension was fixed at Rs.2027.00 per month on the basis of the last pay drawn at Rs.4180.00. When the matter stood thus, the pay of the cadre post of Chairman, Industrial Tribunal and the cadre post of Chairman, Addl. Industrial Tribunal, was fixed at Rs.5000.00 per month in place of Rs.4180.00 as a consequence of the orders of this Court in W.P. No. 9387 of 1993 and 8039 of 1993 dated 29.1.1996. In pursuance of the above enhancement, the difference of pay was drawn and revised LPC showing the petitioner's last pay drawn at Rs.5000.00 per month was issued by the Chairman, Addl. Industrial Tribunal, Hyderabad. Accordingly, the petitioner was paid at the rate of Rs.5000.00 when he served in the post of Director (legal) in the institution of Lok Ayuktha and Upa Lok Ayuktha for a period of three months on the basis of the last drawn pay as per the revised LPC.

(3.) The petitioner, thereafter, submitted revised pension forms to the High Court with a covering letter dated 26.12.1996 for scrutiny and onward transmission to the Accountant General, A.P., Hyderabad for fixation of revised pension on the basis of the pay drawn during the last 10 months of the service of the petitioner as shown below: