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Judgment
Keeping in view the order, which this Court proposes to pass today, it may not be necessary to issue notice to the respondents.Â
The husband of the petitioner was engaged as Daily Wager on 01.11.1978 and served the respondents up to 31.07.1985 and thereafter he was
converted from PDL to regular establishment w.e.f 01.08.1985 as Pump Driver in the pay scale of Rs. 345-460. He was thereafter given in-situ
promotions from time to time. It is further submitted that the petitioner was given the benefit of SRO 149 of 1973 by respondent No.2 vide his order
No. PHEJ/GE/786-813 dated 22.04.2004 and was placed in the pay scale of Rs. 4,000-6,000 (pre-revised). The petitioner further submits that at the
time of death, the husband of the petitioner was drawing the salary in the pay scale of Rs.4,000-6,000 (pre-revised). The respondent No. 4, however,
instead of settling the claim of the husband of the petitioner as per the last pay received, settled the pension and other post retiral benefits as per the
lower pay scale without taking into consideration the last pay of the petitioner’s husband.Â
In this petition, the writ petitioner seeks a direction to the respondents to settle the family pension of the petitioner as per the last pay drawn by the
petitioner’s husband. The petitioner also seeks a direction to the respondents to pay the arrears of pension after re-fixing the same and gratuity
withheld by the respondents along with the interest @ 12% per annum till the same is released and paid to the petitioner.Â
Learned counsel for the petitioner places reliance on the judgment passed in SWP No. 1686/2013 and submits that since the issue involved in this
petition is similar to the aforesaid writ petition and, therefore, this writ petition may be disposed of in the same manner as has been done in the
aforesaid writ petition.Â
A Coordinate Bench of this Court in SWP No. 1686/2013 while disposing of the said writ petition relied upon the judgments rendered in SWP Nos.
988/2011, 1128/2010, 1129/2010 & 1130/2010. In that writ petition, similar issue was raised as is raised in the present writ petition and the Writ Court
disposed of the said writ petition directing the respondents to settle the pension case of the petitioner within a period of two months from the date copy
of the order was made available to the respondents.
In view of the above, this writ petition is, disposed of, directing the respondents, particularly respondent No. 4, to consider for settlement of her
husband’s pension case within a period of two months from the date certified copy of this order along with complete set of writ petiton, is made
available to them. Respondent No. 4 shall do the needful in terms of the recommendations made by respondent Nos. 1 to 3 as also the judgment
rendered in SWP No. 1686/2013 and other connected matters.Â
With the aforesaid directions, writ petition disposed of.