G.R.UDHWANI
PRABHUDAS C. BAROT – Appellant
Versus
STATE OF GUJARAT – Respondent
1. This group of petitions involves common questions of law inter alia as to whether the Government Servants, who retired before 01.01.2006 with higher grade pay-scales, can be paid a revised pension in terms of 6th Pay Commission, on the basis of post they held, though recommendation made by the 6th Pay Commission as accepted by the State recommended the revised pay-scales on scale to scale basis ?
2. The facts, in each of the petitions, are as under:
3. Special Civil Application Nos.13590/2013, 4106/2014, 15094/2013 and 15705/2013:
3.1 The petitioners are retired Lecturers (Selection Grade) who were employed with Grant-in-Aid Colleges/Government Colleges and University, State of Gujarat. They have been drawing regular pension as recommended by the 5th Pay Commission as per the Government Resolution dated 01.11.2000.
3.2 On 13.04.2009, the Government of Gujarat came out with a notification revising the pension of the pensioners. The said resolution is based upon the recommendation of the 6th Pay Commission. According to the recommendation of the 6th Pay Commission, the pension for the pensioners, arrived at in accordance with the formula suggested therein, cannot be less
State of Rajasthan and others Vs. Shankar Lal Parmar (2011 (14) SCC 235)
Sant Ram Sharma Vs. State of Rajasthan and others (AIR 1967 SC 1910)
Tata Cellular Vs. Union of India (AIR 1996 SC 11)
Sanchit Bansal and another Vs. Joint Admission Board (JAB) and others (AIR 2012 SC 214)
State of Kerala and others Vs. Kandath Distilleries (2013 (6) SCC 573)
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