JAHARLAL BHATTACHARJEE Vs. A S E B

JUDGEMENT

(1.) The petitioner who was holding the post of Superintending Engineer(Civil) under respondent N6.1, viz. the Assam State Electricity Board has filed this application under Article 226 of the Constitution of India for issuance of a writ in the nature of Mandamus directing the respondents for re-fixation of his pension of the basis of the revised scale of pay which was accepted by the respondents as per the recommendation made by the Pay Committee by its resolution vide Office Memo.No.ASEB (PC)274/94/35,dated 14.9.1995 contained in Annexure-3

(2.) The case of the petitioner is that after rendering service for a period of about 29 years he voluntarily retired after service of necessary notice of three months and his notice seeking voluntary retirement was also duly accepted and he was allowed pension after 1/3rd commutation of the pension.

(3.) The grievance of the petitioner is that even though his basic pay was fixed at Rs.5,450/- with effect from 1.4.92 on the basis of the revised scale the respondents erroneously fixed his pension at Rs. 973/- instead of Rs. 1,947/- per month. The petitioner has, therefore, filed this writ petition for the relief as mentioned above.