SAVITRI DEVI Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The instant petition filed under Article 226 of the Constitution of India is directed against order dated 16.3.2002 (Annexure P- 18), passed by the Registrar, High Court-respondent No. 3 fixing the pension of the husband of the petitioner at 50% of the minimum pay in the revised scale of pay introduced w.e.f. 1.1.1996. Further challenge has been made to the notification dated 10.2.1998 (P-8) whereby the benefit of earned increments in the pre-revised scale has been denied in the notional fixation. A mandamus has been sought for directing the respondents to refix the pension w.e.f. 1.1.1996, of the deceased husband of the petitioner, namely, Shri Ved Parkash, who retired from the post of District and Sessions Judge.

(2.) The factual matrix, which has remained un-controverted, is that the husband of the petitioner, namely, Shri Ved Parkash Sharma, joined the Punjab Judicial Service as a Judicial Magistrate on 9.4.1948. On 18.1.1966, he was promoted as Additional District and Sessions Judge and on 22.2.1971 he was confirmed in the Superior Judicial Service as an Additional District and Sessions Judge. On 30.4.1977, he superannuated from service on attaining the age of retirement as District and Sessions Judge. At that point of time he was in the Selection Grade of Rs. 2000-2250 and the last pay drawn by him was Rs. 2,250/-, as is evident from letter dated 5.9.1977, issued by the High Court fixing his pay in the revised grade of Rs. 2000-125/2-2250 (P-1). In reference to a representation dated 11.11.1983 made by the husband of the petitioner regarding fixation of pension, it was communicated to him vide letter dated 5.12.1983 that his pension case has been decided in accordance with the All India Services (Death-cum-Retirement Benefits) Rules, 1958 (for brevity, 'the 1958 Rules') and not under the Central Civil Services Pension Rules, 1972 (Annexure P-2).

(3.) On 11.6.1987, the petitioner's husband made a representation to the Accountant General (A&E) Punjab-respondent No. 5 for sanction of additional pension w.e.f. 1.1.1986 in the light of Government of India, Ministry of Personnel, Public Grievances & Pensions, O.M. No. 2/1/87-PIC-1, dated 16.4.1987 (P-3). On 16.6.1987, respondent No. 5 issued directions to the Treasury Officer, Kapurthala, regarding implementation of the Government of India decision dated 16.4.1987. It was also stated in the said communication that difference of pension between pre-revised pension and revised pension of Shri Ved Parkash Sharma be added with effect from 1.1.1986 in the partly consolidated pension worked out by the pension disbursing authority. Thereafter arrears of pension, if any, were to be paid to him (P-4). In this manner, the revised pension of Shri Ved Parkash Sharma was raised from Rs. 975/- to Rs. 1,063/- w.e.f. 1.1.1986.