SHEEL CHANDER JAIN Vs. STATE OF H P

JUDGEMENT

(1.) PETITIONER was appointed as Horticulture Economist, in the State of Himachal Pradesh, in the year 1974, in the pay-scale of `400-1250. Pay-scales of all the employees of the State Government were revised in the year 1978. In the case of the petitioner, revision of pay- scale took place, vide notification dated 23rd April, 1979, Annexure P-4 and he was placed in the revised pay-scale of `800-1600. It appears that pay-scale was further revised to `1400-2000, because confirmation order of the petitioner, available as Annexure P-6, shows that he was confirmed in the pay-scale of `1400-2000, w.e.f. 24th December, 1980. Another revision of pay-scales took place in the year 1986. Pay-scale of the post, held by the petitioner, was revised to `3000-4500 and it was equivalent to the pay-scale of Joint Director, Horticulture.

(2.) ON 31st January, 1988, petitioner retired. His pension was fixed, on the basis of his pay in the pay-scale of `3000-4500. After his retirement, a notification was issued, sometime in the year 1989, by which pay-scale of the post of Horticulture Economist, or the post from which the petitioner retired, was reduced to `2400-4000, which pay- scale was equivalent to that of the Deputy Director, Horticulture. However, this revision is of no consequence, as it did not affect the petitioner, who had, by that time, retired. Neither his pay was revised nor had his pension been reduced.

(3.) WHEN the revision of pay-scales took place, in the year 1996, a clarificatory notification, Annexure P-10, regarding revision of pension was also issued. According to this notification, pension of every pensioner was to be not less than 50% of the minimum pay in the revised scale of pay, introduced w.e.f. 1st January, 1996, of the post last held This notification was issued on 17th by the pensioner. October, 2006.