RAJ KUMAR Vs. PUNJAB STATE AND ORS.

JUDGEMENT

(1.) Present writ petition under Articles 226/227 of the Constitution of India is for issuance of a writ in the nature of certiorari for quashing order dtd. 18/6/2014 (Annexure P/4) passed by respondent No.4, refusing to approve revision of pension of the petitioner on the pretext of change of option beyond two months from 25/10/2012.

(2.) As per the petitioner, he was appointed as JBT teacher in the Punjab Education Department on regular basis. He was placed in the grade of Rs.80.00250 but he was entitled to the grade of Rs.110.00250 on account of having higher qualification as per Punjab Government letter dtd. 23/7/1957. The petitioner approached this Court by way of Civil Writ Petition No. 17163 of 2012 and same was disposed of on 4/9/2012 (Annexure P/1) and the said order was implemented qua other petitioners vide order, Annexure P/2. On the basis of that, respondent No. 3 passed order qua the petitioner on 16/1/2013 and the competent authority obtained revised option from the petitioner thereafter and accordingly, the petitioner had given his revised option. However, respondent no.4, instead of granting approval of revised pension, rejected the same on the pretext that revised option was given by the petitioner after two months from 25/10/2012, but failed to consider that the revised option was given after the orders dtd. 16/1/2013 was passed by respondent No.3 and as such, the present writ petition before this Court.

(3.) In the reply filed by the respondents, plea was taken that the petitioner alongwith other employees was asked to give option within a period of two months from 25/10/2012, but the petitioner herein did not give the option within the stipulated period and as such, his claim was rightly rejected by the competent authority and the present writ petition deserves to be dismissed.