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2022 Supreme(Megh) 41

H. S. THANGKHIEW
Nirmalya Bhattacharjee – Appellant
Versus
State of Meghalaya – Respondent


Advocates appeared:
Mr. S.Sen, Adv. with Ms. S.Shallam, Advocate, for the Petitioner; Mr. S.Sahay, Adv. with Ms. R.Colney, GA, for the 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

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