CHAMAN LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant appeal under clause 12 of Letters Patent is directed against judgment and order dated 19.05.2011 rendered by the learned Single Judge of this Court rejecting the claim made by the appellant that he was entitled to grant of pension/pensioner benefits with effect from 01.01.1996 on account of the fact that persons who have superannuated earlier than him, like Ved Parkash and Lekh Raj were drawing higher amount of pension. The Writ Court did not find any substance in the submissions made by the appellant and on fact it was found that Ved Parkash and Lekh Raj were drawing lesser amount of pension than the appellant. The view of the Writ Court is discernible from the following paras of the judgment which are set out below in extensor:

(2.) According to the learned counsel the pay scale of the post last held by the appellant was revised to Rs. 5000-8000 which is evident from the recommendations made by the Commandant in favour of the appellant to PCDA (Pension) Allahabad (Annexure A). Learned counsel has also placed reliance on the recommendations dated 15.09.2004 made by the Commandant to PCDA (Pension) on similar lines.

(3.) Mr. Piyush Gupta, learned counsel for the respondents could not dispute the aforesaid factual position and argued that the appellant had set up the case before the Writ Court which was confined to the argument that Ved Pakash and Lekh Raj, who superannuated earlier to the appellant, were drawing higher pension. The aforesaid claim made by the appellant was found without substance as both of them were found to have been paid the amount of pension which was less than that of the appellant.