S.P. SONI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These writ petitions were earlier decided vide order dt. 20.9.2011. Non-petitioners preferred special appeals where, after hearing the parties, the Division Bench set aside the judgment with a request to decide the matters afresh after considering guidelines and various other aspects of the case. In view of the above, all these writ petitions have been heard together and decided by this common order. Brief facts of the case are that all the petitioners retired prior to 1.1.2006 and were in selection scale as per guidelines then existing. The controversy in the present writ petitions is regarding revision of pension after the recommendations of the Sixth Pay Commission and issuance of Notification dt. 12.10.2009 revising pay scale. This is precisely for the reason that now for the post of Lecturer, two pay scales in selection scale have been provided corresponding to the earlier pay scale. Petitioners are praying for revision of pension with fitment in the higher pay scale of Rs. 37400- 67000.

(2.) Learned counsel for petitioners submit that prior to the Notification dt. 12.10.2009 to revise pay scale, a memorandum was issued on 12.9.2008 for revision of pension. As per para 5 of the memorandum, consolidated pension (treated as final 'Basic Pension') as on 1.9.2006 shall not be lower than 50% of sum of the minimum pay of the post in the running pay band plus grade pay introduced w.e.f. 1.9.2006 corresponding to the pre-revised pay scale of the post from which pensioners retired. This is with a condition that existing provisions governing qualifying service for grant of pension and minimum pension shall continue to be operative. Thus, as per para 5 of the Memorandum, respondents were under an obligation to fix pension of the petitioners at the minimum of 50% in the running pay band plus grade pay of the post so introduced vide the Notification dt. 12.10.2009. The respondents have revised the pension pursuant to the Notification dt. 12.10.2009 but out of the two pay bands for Lecturer (Selection Scale) lower pay band of Rs. 15600-39100 is taken into consideration for revision instead of the pay band of Rs. 37400-67000 though they had completed three years of service in the selection scale prior to retirement. The main ground taken by the respondents to deny higher pay scale is in reference to University Grants Commission Regulations notified on 30.6.2010. The aforesaid Regulations provide minimum qualification for appointment of teachers and other academic staff in the Universities and colleges.

(3.) According to the petitioners, higher pay band in selection scale is applicable only to those who were adjudged suitable and given selection scale pursuant to the UGC guidelines dt. 30.6.2010. The petitioners retired much prior to the aforesaid Regulations thus cannot claim higher pay band on selection scale. The respondents even denied revision of pension pursuant to the Notification dt. 12.10.2009 as, according to them, it is applicable only to the existing employees. The respondents have given reference of various clauses of the Regulations of 2010 for it. The Regulations aforesaid requires a person to be on the roll and in active service on the prescribed date. The argument aforesaid was raised without considering the fact that higher pay scale of Rs. 37400-67000 has been given whoever has completed three years of service in the selection scale and, for the aforesaid purpose, no screening or exercise is separately provided under the Regulations of 2010. The argument of the respondents that higher pay band is not to be given automatically but on recommendation in ignorance of Regulations of 2010. Thus, argument of learned counsel for the respondents is not only contrary to Regulations of 2010 but the action earlier taken by them.