JOGINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER has prayed for issuance of writ in the nature of certiorari for quashing order dated 16.8.1982, Annexure P -8 vide which the pension case of the petitioner for revision of pension was returned with the remarks that the benefit of revised pay for pensionary benefits cannot be given as the petitioner was on leave preparatory to retirement before 1.1.1978. Petitioner has further prayed that respondents 1 and 2 be directed to revise the pension and gratuity.

(2.) PETITIONER was appointed as Clerk in the Department of Irrigation. Subsequently he was promoted as Superintendent Grade -II and retired from service on 31.1.1978.

(3.) THE employees were further asked to exercise their option within a period of four months from the date of issue of the aforesaid letter. The petitioner opted for sub -para (ii) (a) of para 4 of the aforesaid letter and this option was conveyed to the competent authority. In view of the option made by the petitioner, it was incumbent upon the authority to have revised the pension of the petitioner. But nothing has been done by the authority. It was further pleaded that Government of Punjab, Department of Finance, vide its letter No. 9/66/79 -FR dated 13.3.1980 allowed once increment in the revised scale from 2.1.1978 to those Government Employees who were drawing maximum in the unrevised scale for more than a period of one year. It was further pleaded that as the petitioner was retired on 31.3.1978 and was drawing maximum in the un -re -vised scale for more than one year prior to the appointed day i.e. 1.1.1978, thus he was entitled to be granted on increment on 2.1.1978 in the revised scale.