M M P SINHA Vs. UNION OF INDIA

JUDGEMENT

(1.) A very simple but ticklish issue arises in this writ petition. The issue is whether a person retiring from a higher grade can receive pension less than a person retiring in the lower grade. Is it not arbitrary and in view of the Judgment of the Hon'ble Apex Court in the case of Union of India and Another Vrs. SPS Vains (Retd.) and Others, 2008 9 SCC 125, the pension of the person in the higher grade would have to be stepped up accordingly.

(2.) THE contesting respondents are the Union of India through the Secretary, (Department of Expenditure), Ministry of Finance, Ministry of Personnel, Public Grievances and Pension as also Ministry of Railways through the Chairman and the Secretary.

(3.) THERE are supplementary affidavit, counter affidavit and supplementary counter affidavit after several adjournments. We have heard learned counsel for the writ petitioner, who appears in person, and learned counsel for the Union of India as well as Railways.