H. S. THANGKHIEW
Nirmalya Bhattacharjee – Appellant
Versus
State of Meghalaya – Respondent
JUDGMENT
1. The petitioner, who retired from the post of Executive Engineer (Electrical) on 31-01-2015, is aggrieved with the effect and consequences on his pensionary benefits caused by the Notification of the Meghalaya Energy Corporation Limited (Revision of Pay) Regulation, 2015, which was notified on 15-05-2017, which he alleges has resulted in Executive Engineers who were junior to the writ petitioner but who retired before 01-01-2015, drawing a higher pension.
2. The writ petitioner retired from the post of Executive Engineer (Electrical) on 31-01-2015 when his basic pay was Rs. 56,330/- and the prevailing norm for fixation of pension was 50% of the average pay of the last 6 months, including Special Pay subject to a maximum of Rs. 27,380/- per month. After computation of the last 6 months pay of the petitioner, 50% of the average emolument worked out to Rs. 27,948.33/- and accordingly his pension was fixed at Rs. 27,380/- with effect 01-02-2015 which was the maximum amount payable.
3. The respondent corporation vide Notification dated 15-05-2017, notified the Meghalaya Ener
AIR 1989 SC 669 M.L.Jain vs. Union of India & Ors
Col. B.J. Akkara (Retd.) vs. Govt. of India & Ors
D.R.Nim vs. Union of India (AIR 1967 SC 1301: (1967) 2 SCR 325: (1968) 1 LLJ 264)
D.S. Nakara & Ors. vs. Union of India. (1983)1 SCC 305
Krishena Kumar vs. Union of India & Ors.
State of Andhra Pradesh & Anr. vs. Dinavahi Lakshmi Kameswari
State of Bihar & Ors. vs. Bihar Pensioners Samaj (2006) 5 SCC 65
State of W.B. & Anr. vs. W.B. Govt. Pensioners' Associations & Ors.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.