Dan Singh Rautela vs State Of Uttarakhand And Others

Ramesh Ranganathan, CJ

Heard Mr. M.C. Kandpal, learned Senior Counsel for the petitioner and Mr. B.P.S. Mer, learned Standing Counsel for the State of Uttarakhand.

The petitioner has invoked the jurisdiction of this Court seeking a writ of mandamus commanding the respondents to fix his pension in the pay-scale of Rs. 37400-67000 with Grade Pay of Rs. 8700/-notionally on 01.01.2006, and to pay him actual pensionary benefits from 01.04.2009, and to re-fix his pension on the basis of the Government Order.

The petitioner was working as a Joint Director when he retired from service on 30.06.2007. After his retirement, the State Government issued Government Orders dated 17.10.2008 and 13.02.2009 revising the pay-scales of employees in the Education Department, belonging to the teaching category, from 01.01.2006 onwards. In terms of the said Government Orders, while the notional pay of teaching staff, in terms of the Sixth Pay Commission pay-scales, stood revised from 01.01.2006, the actual benefit of the revised Sixth Pay Commission pay-scales was required to be extended only from 01.04.2009 onwards.

As noted hereinabove, the petitioner retired from service on 30.06.2007. While the petitioner is entitled for notional fitment of his pay-scales in the Sixth Pay Commission scales of pay from 01.01.2006, the amounts payable to him from 01.04.2009 can only be in terms of a revision in his pensionary benefits from that date, since he had already retired by then.

While Mr. M.C. Kandpal, learned Senior Counsel appearing on behalf of the petitioner, would contend that the petitioner is entitled for the pay-scales referred to in the prayer, it is unnecessary for us to dwell on this issue since the petitioner is entitled to have his pensionary benefits revised, in terms of the Sixth Pay Commission pay-scales, notionally w.e.f. 01.01.2006 and for payment of the revised pensionary benefits, under the Sixth Pay Commission scales of pay, from 01.04.2009 onwards.

Suffice it, therefore, to dispose of the writ petition directing the second respondent to compute the pensionary benefits of the petitioner in terms of the aforesaid Government Orders, and to make payment of the arrears of pensionary benefits due to him at the earliest and, in any event, within three months from the date of receipt of a certified copy of this order.

The writ petition is, accordingly, disposed of. No costs.