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S. K. MISHRA, SUJIT NARAYAN PRASAD
Shambhu Prasad Sah S/o Late Shivnandan Sah – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
S.K. MISHRA, J.
1. The petitioner in this case being a retired Additional Chief Judicial Magistrate-cum-Sub. Judge has prayed for issuance of writ of mandamus directing the respondents to revise his pension in the light of the resolution issued by the Finance Department, Government of Jharkhand vide Memo No. 485/v dated 13.07.2011 on the scale of Rs.58930-70290 by granting the petitioner ACP in the revised scale i.e. the next high grade as mentioned above. He has also prayed for issuance of writ of mandamus directing the respondents to pay arrears of pension and revised scale from 01.01.2006 as per direction issued by the Finance Department in the aforesaid resolution.
2. Facts of the case are not in dispute.
The petitioner was appointed as a Temporary Munsif in the Department of Personal of the erstwhile Government of Bihar vide Notification No. VII/AI-502/72Ka-5005 dated 18.03.1975 and vide Memo No. 3707-24 dated 26.03.1975. After completion of 10 years of service the petitioner was promoted to Junior Selection Grade vide Notification dated 22.05.1987 and the scale of the petitioner was fixed at Rs.1350-50-1700-75-2000 with effect from 01.04.1985. The benefit of the Assure
The main legal point established in the judgment is that pension calculation should consider the pay scale admissible to the superior post and not solely the last pay drawn. Additionally, the ACP sch....
Court affirms right to pension based on last position held, enforcing past judgments.
Pension is a right earned by government servants, and discrimination between pre- and post-2006 retirees in pension fixation is prohibited.
Authorities have discretion to correct financial discrepancies in pay, yet wrongful promotions may negate claims for additional benefits like A.C.P. confirmations.
Fixation of basic pension based on calculation as per last pay drawn is proper.
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