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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.S.SUPEHIA, R.T.VACHHANI
Ranchhodbhai S/o Devshibhai Ardeshna – Appellant
Versus
State of Gujarat – Respondent
| Table of Content |
|---|
| 1. appeal against dismissal of pension revision request. (Para 1) |
| 2. arguments for pension revision based on pay scale. (Para 2) |
| 3. counterarguments from respondents. (Para 3 , 4) |
| 4. court's findings and legal reasoning. (Para 5 , 6) |
| 5. judgment dismissed; agreement with lower court. (Para 12) |
ORDER :
1. The present appeal is directed against the oral judgment dated 19.07.2024 passed in Special Civil Application No.7368 of 2018 dismissing the petition of the appellant seeking revision of pension upon a revision of salary in the post of Registrar.
2. Learned Senior Advocate Mr.Shalin Mehta assisted with Mr.Gogia for the appellant has submitted that the learned Single Judge has committed error in observing that the recommendation of pay commission stands on a completely different footing than a special revision of pay-scale without corresponding revision of pension, since the revision in the pay scale of Registrar is Rs 37400-67000, is treated as part of 6th Pay Commission by the State government in its GRs. He has submitted that the learned Single Judge ought to have appreciated and held that the appellant was entitled to revision in pension in pay scale of Rs 37400-67000 b
A pensioner must fulfill specific criteria, including actual position and qualifications, to be eligible for pension revision under updated pay scales established by statutory resolutions and pay com....
Pension entitlement is governed by existing rules, and any revisions depend on state policy, not individual claims based on service length.
Classification for the purpose of grant of revised pension is unreasonable, arbitrary, discriminatory and violative of Article 14 of the Constitution of India
Pension is a right earned by government servants, and discrimination between pre- and post-2006 retirees in pension fixation is prohibited.
Pension for UGC scale teachers must be calculated based on revised pay from the date of retirement, not delayed by government policy.
The main legal point established in the judgment is that the petitioners were entitled to the benefits of the Government Resolution dated 17.10.1988 and the revision of pay-scale as per the Fifth, Si....
Pre-2006 retiree directly recruited University Professors are entitled to get pension at 50% of Rs.43,000/- + Rs.10,000/- AGP = Rs. 26,500/- as per the revised pay scale rules applicable to them.
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