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AJIT KUMAR
Mahendra Kumar Srivastava – Appellant
Versus
Ajai Kumar Srivastava-I, Registrar General, Allahabad High Court – Respondent
JUDGMENT :
Ajit Kumar, J.
1. Heard Sri Anoop Kumar Srivastava, learned counsel for the petitioner, Sri Kamlesh Kumar Yadav, learned counsel for the petitioners in Contempt Application (Civil) No. 7418 of 2019. Sri Mata Prasad, learned Standing Counsel for State respondent nos. 1 & 2 and Sri Ashish Mishra, learned counsel for newly impleaded opposite party no. 3.
2. By means of this contempt application filed under Section 12 of the Contempt of Courts Act, 1971 non-compliance of the order dated 24.05.2019 passed in Writ - A No. 61048 of 2016 is complained of.
3. A compliance affidavit has been filed in this case on behalf of the opposite party no. 3 on 28.01.2020 annexing therewith the order dated 03.09.2019, whereby it is claimed that the pension of the applicant has come to be revised w.e.f. 01.01.2006, as per recommendation of the 6th Pay Commission, and thus, it is claimed that the order of writ Court stood complied with in its letter and spirit.
4. Having heard learned counsel for the respective parties and their arguments raised across the bar and having gone carefully through the order of writ Court, I find that the main issue before the writ Court was as to whether the applicant
Pension is a right earned by government servants, and discrimination between pre- and post-2006 retirees in pension fixation is prohibited.
Pre-cut-off voluntary retirees ineligible for notional promotional pay fixation for pension; Article 14 not violated by reasonable classification.
Pre-2006 retirees entitled to pension refixation at 50% of minimum pay in revised VI CPC pay band + grade pay of post held; lower slab fixation discriminatory and violative of Article 14 equality.
The main legal point established is that the entitlement to pension revision is determined based on the categories of officers and corresponding revised pay scales mentioned in the Government communi....
The Tribunal affirms the principle of notional pay fixation to ensure fairness in pensionary benefits for similarly situated retired employees.
Pension fixed on higher pay scale granted by competent authority and continued for decades cannot be reduced retrospectively after retirement due to delay, absence of notice, and violation of natural....
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