ASSISTANT COMMISSIONER Vs. MANAK CHAND GUPTA

JUDGEMENT

(1.) This appeal is directed against the judgement of the learned Single Judge dated 1.12.2017, by which the writ petition filed by the respondent was allowed with direction to the appellant to calculate the pension of the respondent strictly in terms of para 12 of the notification as amended on 15.06.2007 and release the amount of pension accordingly together with interest @ 9% per annum within a period of three months.

(2.) Shri R.B. Mathur, learned counsel appearing for the appellant submitted that as per para 12 of the Employees Pension Scheme, 1995, the pension of the respondent was correctly calculated by the petitioners. Para 12 of the Scheme aforesaid for ready reference reads thus:

(3.) It is not in dispute that the respondent retired on 31.07.2002. Sub-para (2) of para 12 of the said scheme provided that in the case of a new entrant, the amount of monthly superannuation pension or early pension, as the case may be, shall be computed in accordance with the following factors, namely:-