GHULAM MOHI-UD-DIN Vs. ACCOUNTANT GENERAL

JUDGEMENT

(1.) THIS Latters Patent Appeal is directed against the judgment dated: 28.05.2005 whereby learned Single Judge has dismissed the writ petition of the appellant seeking writ of mandamus to command the respondents to fix his pension in the revised pay scale of Rs. 14300 -18300 14300 -18300 of the post of Director Economics and Statistics, upgraded on 23.2.1996.

(2.) THE petitioner while working as Director Economics and Statistics (hereinafter called as the Director) in the pay scale of Rs. 3700 -5000 superannuated on 31.8.1995. His pension was fixed in this pay scale by the respondents. There was a revision of pay structure as on 1.1.1996. The pay scale of Rs. 3700 -5000 was revised to Rs. 12000 -16500 12000 -16500 . The Government vide order No. 276 -F of 1998 dated: 19.1.1998 directed the respondent No. 2, Accountant General, to revise the pension of the appellant accordingly to the revised pay scale of Rs. 12000 -16500 12000 -16500 which was revised. Post of Director was upgraded by the respondents vide Government order No. 25/PD of 1996 dated: 23.2.1996 from the pay scale of Rs. 3700 -5000 to the pay scale of Rs. , 4100 -5700.

(3.) THE respondents in their objections before the learned Single Judge have stated that the appellant is entitled to the pension in the pay scale of Rs. 3700 -5000 which he was holding at the time of his retirement i.e. 31.8.1995 and accordingly his pension has been fixed. It is also stated that in terms of Government order No. 46 -F of 1998 dated: 19.1.1998 his pension was revised entitling him to get the pension in the revised pay scale of Rs. 12000 -16500 12000 -16500 w.e. from 1.1.1996.