SOHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER has prayed for issuance of writ in the nature of certiorari for quashing order dated 14.6.1982, Annexure P -4 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 respondent 1 to 4 be directed to revise the petition and gratuity.

(2.) PETITIONER was appointed as Signaller in the Department of Irrigation. Subsequently he was promoted as Head Signaller and was posted in Ferozepur Canal Circle. He retired from service on 31.1.1978. It was pleaded that Punjab Government Finance Department vide letter No. 38/52/80 -6 FR/11687 dated 22.12.1980 addressed to all Heads of Departments, liberalised the pension and family pension formula in pursuance of the recommendations of the Second Pay Commission. According to para 4 of the letter dated 22.12.1980, the Punjab Government employees retiring on or after the 1st January, 1978 but not later than 30th October, 1978 were allowed the following options for determining their pensions. The options are as follows : -

(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 one 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 31.1.1978 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 one increment on 2.1.1978 in the revised scale.