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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Purbia Ram – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. pension anomaly based on seniority. (Para 2) |
| 2. arguments regarding salary and increment issues. (Para 3 , 8) |
| 3. court analysis of pay and pension comparison. (Para 4 , 7) |
| 4. determinative facts on pay and pension. (Para 5 , 6) |
By way of this writ petition, the petitioner has inter alia prayed for the following reliefs:-
“(i) That writ in the nature of certiorari may kindly be issued, quashing and setting the impugned order dated 01.11.2016 (Annexure P-5).
(ii) That writ in the nature of mandamus may kindly be issued, directing the respondents to grant three increments to the petitioner w.e.f. 01.04.1975, 18.01.1991 & 31.01.2001 as per the old and new ACP Scheme, since the petitioner has served against one post and one pay scale for more than requisite number of years i.e. 12 and 10 years.
(iii) That writ in the nature of mandamus may kindly be issued, directing the respondents to carry re-fixation of pay of the petitioner in the same manner as has been carried by the respondent department qua the private respondent.
iv) That writ in the nature of mandamus may kindly be issued, directing the respondents to grant the pension to the petitioner
Pension entitlement is determined by the last drawn salary, and claims of pay anomalies raised without prior substantiation lack merit.
Pay anomaly where senior draws less than junior due to advanced increments for Ph.D. at different pay scales must be rectified by stepping up senior's pay from date anomaly arose, per Supreme Court p....
The court established that pension fixation must comply with the relevant Office Memorandums and rules, affirming that pension is a right and must be calculated based on the correct interpretation of....
The court established that the petitioner cannot claim stepping up of pay under Fundamental Rule 27(2) due to the anomaly in pay arising from the junior being promoted to a different post and thereaf....
Benefits conferred for an extended period cannot be withdrawn without just cause, especially when no fault lies with the employee.
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