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1992 Supreme(Cal) 205

KALYANMOY GANGULI
MANOTOSH ROY – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
AMAL BASU CHOWDHURY, CHOUDHURY SAKTINATH MUKHERJI, D.P.KUNDU, P.K.SAMANTRAY, RASHMOHAN BHATTACHARJEE

K. M. GANGULI, J.

( 1 ) IN the instant application under Article 226 of the Constitution of India, the petitioner, inter alia, prays for a writ in the nature mandamus commanding the respondents Nos. 1 to 5 to rescind, recall and/ or withdraw the Central Government order passed by the Additional Secretary as per notification No. 2/1/87-PIC-1 dated. April 16, 1987 of the Ministry of Personnel, Public Grievances and Pensioners, Department of Pension and Pensioners' Welfare, New Delhi, as ultra vires the Constitution of India ; the petitioner also prays for a writ in the nature of mandamus commanding the respondents Nos. 1 to 5 to settle and pay the pension to the petitioner @ Rs. 3800/- per month from January 1, 1986 (being 50% of Rs. 7600/-) by notionally raising his basic pay from Rs. 2750/- to Rs. 7600/- per month as from the date in the new super time scale of Rs. 7300-100-7600 at par with the serving officers of his rank in the Indian Administrative Service less already drawn and to pay all arrears thereof.

( 2 ) THE petitioner also prays for a number of declarations, for example, declaration that the order dated April 16, 1987 which is annexure 'e' to the petition is illegal,


































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