STATE OF NAGALAND Vs. SHAIREI RALENG

JUDGEMENT

(1.) Heard Ms. V. Sukhrie, learned Addl. Advocate General, Nagaland appearing for the appellants. Also heard Mr. N.K. Luikham, learned counsel appearing for the respondent No. 1/ writ petitioner (hereinafter referred to as respondent No. 1). Mr. N. Mozhui, learned counsel has appeared on behalf of respondent Nos. 2 and 3.

(2.) This intra-court appeal filed by the State of Nagaland represented by the Chief Secretary to the Govt. of Nagaland as the appellant No. 1 and the Commissioner and Secretary to the Govt. of Nagaland, Finance Department, Establishment Branch (ROP Cell), Nagaland as appellant No. 2, is directed against the judgment and order dtd. 10/6/2024 passed by the learned Single Judge in W.P.(C) No. 281/2022 instituted by the respondent No. 1 as writ petitioner, whereby a direction has been issued to the respondent Nos. 2 and 3 to re-fix the pension of the respondent No. 1 at 50% of the revised basic pay scale of Rs.54,6 00.00 corresponding to pre-revised pay scale from which the writ petitioner had retired from service, within a period of 03 months from the date of production of the certified copy of the judgment and order failing which, the amount found due and payable shall carry interest @ 9% per annum till realization.

(3.) The facts of the case, lie in a narrow campus and therefore, are being briefly stated hereinbelow as follows:- The respondent No. 1 had retired from service on attaining the age of superannuation w.e.f. 28/2/2005 from the post of Registrar, Gauhati High Court, Kohima Bench. At the time of his retirement the respondent No. 1 was placed in the scale of pay of Rs.16400.00500-20900 and he was drawing the apex level of that scale at Rs.20,900.00. His last drawn salary being Rs.31,350.00.