BHAWESH KUMAR DERHGAWEN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This order shall dispose of CWJC No.7231 of 2014 and CWJC No.12017 of 2014, both raising identical questions of law and facts.

(2.) The petitioner, in CWJC No.7231 of 2014, retired on attaining the age of superannuation on 31st December, 1990, as Additional District & Sessions Judge being a member of the Bihar Superior Judicial Service. The petitioner, in CWJC No. 12017 of 2014, too, retired on attaining the age of superannuation on 31st of January, 1991, as Additional District & Sessions Judge being a member of the Bihar Superior Judicial Service. Both claim that they were granted selection grade prior to attaining the age of superannuation, but their pension has been fixed at the entry level grade of the post of Additional District & Sessions Judge without giving benefit of the selection grade, which is illegal.

(3.) The petitioners rely upon the order passed by the Hon'ble Supreme Court in All India Judges' Association v. Union of India & Ors. reported as (2002) 4 SCC 247, which contemplates that pension shall be 50% of the minimum of the revised scale. The petitioners contend that the revised pay scale, in the selection grade, being Rs.18750 -22850/ -, the pension payable would be Rs.9375/ - with effect from 01.01.1996. Since the pay scale has been revised, with effect from 01.01.2006, to Rs.57700 -70290/ -, the revised pension would be Rs.28850/ -, i.e., 50% of the minimum of the revised pay scale as per Justice E. Padmanabhan Committee's report.