GOVIND PRASAD SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) The facts of the case reveal that the petitioner before this Court, who is a retired government servant attained the age of superannuation prior to 01.01.2006 has filed this present petition being aggrieved by the notification dated 03.08.2009 issued by the Finance Department of the Government of Madhya Pradesh in respect of consolidation of pension/family pension of the pensioners retired or died before 01.01.2006.

(2.) Undisputed facts reveal that based upon the recommendations of 6th pay commission higher pay-scales were granted to the employees/posts in the State of Madhya Pradesh and as well as recommendations were made in respect of pensioners. By the aforesaid notification, in respect of pensioners/family pensioners retired/died before 01.01.2006, as per clause 1.1, the basic pension/family pension was enhanced by applying multiplier of 2.26. In respect of existing employees and the persons, who have attained the age of superannuation after 01.01.2006, it was held that they will be entitled for pension equivalent to 50% of the basic pay + grade pay and in those circumstances, a petition was preferred alleging discrimination before this Court.

(3.) This Court while deciding W.P. No.18811/2013 (Madhya Pradesh (Uccha Siksha) Seva Nivrita Pradhyapik Sangh, Jabalpur Vs. State of Madhya Pradesh and other) as well as other connected matters has allowed the petition keeping in view the judgment delivered by the Hon'ble Supreme Court in the case of All Manipur Pensioners Association Vs. State of Manipur and others, reported in AIR 2019 SC 3338.