S K ACHARYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By these writ petitions, a direction has been sought for re-fixation of pension of the petitioners pursuant to the Memorandum dated 12th September, 2008. Learned counsel submits that all the petitioners retired from service while working on the post of Lecturer/Librarian. They were getting pension as per the pay scale from which they retired. The respondents implemented the recommendation of 6th Pay Commission and accordingly, revised the pay scale vide the Notification dated 12th October, 2009. As per the aforesaid Notification, those who were working in pay scale of Rs. 12000-18300 were to be fixed in running pay band of Rs. 15600-39100, if the lecturer/librarian in selection scale has not completed three years of service in the existing pay scale as on 1.1.2006. For those, who have completed three years of service in existing pay scale as on 1.1.2006 and onwards, were to be fixed in pay band of Rs. 37,400-67000. The respondents accordingly, were required to implement the Memorandum dated 12th September, 2008 for revision of the pension of pre. 1.9.2006 State Pensioners.

(2.) As per para 5 of the said Memorandum, the respondents were under an obligation to determine the pension of the petitioners, which should not be lower than 50% of the sum of the minimum pay of the post in the running pay band + grade pay introduced w.e.f. 01st September, 2006 corresponding to the Pre Revised pay scale of the post from which pensioner had retired. As per the aforesaid Memorandum, petitioners, who have completed three years of service in the existing pay as on 1.1.2006 were to be given benefit of corresponding pay scale, which of Rs. 37,400-67000. As against the aforesaid, the petitioners have been given benefit of pay scale of Rs. 15600-39100, a reference of the Circular issued by the Government of India, Ministry of Human Resources Development dated 15th December, 2009 has been given to show that similar benefits have been given to the counter parts of the petitioners working in central universities and colleges. Now similar benefits have been given in various States also. Looking to the aforesaid, the respondents be directed to revise the pension of the petitioners by taking their corresponding pay scale of Rs. 37,400-67000.

(3.) The respondents came up with an order that revision of pension would be in pay and of Rs. 15600-39100, though subsequently, the Pension Department itself issued an order on 31st March, 2010 indicating that petitioners were entitled for pay band of Rs. 37400-67000. But the Finance Department is sitting tight over the matter, thus petitioners were left with no option but to file these writ petitions.