BISHAN DASS CHAUDHARY Vs. STATE OF H.P.

JUDGEMENT

(1.) THE petitioner retired as Additional Registrar- cum-Secretary to Hon'ble the Chief Justice of this Court on 2nd April, 1996. It so happened that the pay scale for the post of the Additional Registrar-cum-Secretary to Hon'ble the Chief Justice was revised to the pay scale of Rs.12000-16450 w.e.f. Ist January, 1996 on the recommendations of the 5th Pay Commission. The basic pay of the petitioner was fixed at Rs.13,900/- on the day he retired i.e. 2nd April, 1996.

(2.) THE grievance of the petitioner is that under the Pension Rules read with Government of India decision 27th dated October, 1997 vide O.M.No.F.45/86/97-P.& P.W.(A)-Part-1 conveyed vide O.M.No.45/10/98-P.&P.W.(A), dated the 17th December, 1998, the petitioner was entitled for full pension. Therefore, his pension could not have been fixed less than 50% of the minimum of the revised scale of pay granted w.e.f. Ist January, 1996 for the post held by him at the time of his retirement. As his last pay drawn was fixed at Rs.13,900/-, therefore, he was entitled to pension of Rs.6950/-, instead his pension was fixed at Rs.6612/- which is contrary to the Pension Rules.

(3.) THE relevant part reads: