SULTAN KHAN Vs. STATE OF M.P

JUDGEMENT

(1.) This order shall also govern disposal of W.P.No.27134/2018,W.P.No.9499/2019,W.P.No.11210/19 & W.P.No.11238/2019 as the issue involved in all these writ petitions is the same. For convenience facts are taken from W.P.No.21238/2018.

(2.) Petitioner has filed the present petition seeking direction to the respondents to revise the pension and pay the arrears after implementation of the recommendations made by the 5th, 6th & 7th Pay Commission w.e.f 1/1/1996, 1/1/2006 and 1/1/2016 respectively. The petitioner joined the services of the Revenue Department, State of M.P as Patwari. He got promotion from time to time up to the post of Assistant Superintendent (Land Records) and retired from service w.e.f. 29/2/2000. After retirement the respondents calculated his pension at Rs.3,238.00 per month i.e. 50% of the last drawn salary. According to the petitioner, the State Govt. accepted and implemented the recommendations of the 5 th Pay Commission w.e.f. 1/1/1996 and according to which the petitioner was entitled for pension of Rs.4,960.00 instead of Rs.3,238.00. Thereafter the State Govt. accepted and implemented the recommendations made by the Brahmaswaroop Committee i.e. 6th Pay Commission w.e.f. 1/1/2006 and the petitioner became entitled to get the pension at the rate of Rs.12,610.00 per month. Likewise, after acceptance of recommendations of the 7th Pay Commission the petitioner became entitled for pension at the rate of Rs.32,410.00. According to the petitioner, despite the aforesaid recommendations the respondents have not revised his pension, hence he submitted a representation and now before this Court by way of writ petition. According to the petitioner vide Circular dtd. 16/5/2007 the State Government has directed that the pensioners who have retired prior to 1/1/1996 are entitled for consolidation of pension/family pension as per the Circular dtd. 14/7/1998 and given a formula for calculation of the pension but the respondents are not calculating the pension as per the said formula which is resulting in substantial loss in the pension.

(3.) According to the petitioner, he is entitled for the aforesaid benefit in the light of the judgment passed by the Division Bench of this Court in the case of Pensioners' Federation, Madhya Pradesh vs. The Government of Madhya Pradesh & others, Writ Appeal No.353/2015 decided on 22/1/2016.