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2022 Supreme(Manipur) 144

IN THE HIGH COURT OF MANIPUR AT IMPHAL
Ahanthem Bimol Singh, J.
Angom Mihir Singh - Appellant
Versus
State Of Manipur & Ors. - Respondents
WP(C) No. 757 of 2019
Decided On : 09-08-2022

Advocates appeared:
Mr. Ajoy Pebm, Advocate, for the Petitioner; Mr. Shyam Sharma, Govt. Advocate & Mr. S. Suresh, Advocate, for the Respondents

IMPORTANT POINT
The downgraded pay scale of the Inspector under ROP (2nd Amendment) 2006 was not applicable to the petitioner, and the objection raised by the respondent No. 6 to the claims made by the petitioner for payment of his pension and other retiral benefits was unjustified and without any merit.

Headnote:

PENSION - CLAIM FOR PENSION, GRATUITY, AND COMMUTATION - ROP (1st Amendment) 1999, ROP (2nd Amendment) 2006, ROP 2010 - The court discussed the claim for payment of correct and entitled pension, gratuity, and commutation, and the relevant pay scales under ROP (1st Amendment) 1999, ROP (2nd Amendment) 2006, and ROP 2010. The court found that the downgraded pay scale of the Inspector under ROP (2nd Amendment) 2006 was not applicable to the petitioner, and the objection raised by the respondent No. 6 to the claims made by the petitioner for payment of his pension and other retiral benefits was unjustified and without any merit. The court directed the respondent No. 6 to take prompt action for releasing the pension and other retiral benefits due payable to the petitioner.

Fact of the Case:

The petitioner, a retired Assistant Director of Economics and Statistics, Government of Manipur, filed a writ petition claiming correct and entitled pension, gratuity, and commutation, and other benefits due payable to him. The petitioner alleged that the Accountant General, Manipur, wrongly calculated his pension and other benefits, and approached the court for relief.

Finding of the Court:

The court found that the objection raised by the respondent No. 6 to the claims made by the petitioner for payment of his pension and other retiral benefits was unjustified and without any merit. The court directed the respondent No. 6 to take prompt action for releasing the pension and other retiral benefits due payable to the petitioner.

Issues: The main issue was the calculation and payment of correct and entitled pension, gratuity, and commutation, and other benefits due payable to the petitioner.

Ratio Decidendi: The downgraded pay scale of the Inspector under ROP (2nd Amendment) 2006 was found not applicable to the petitioner, and the objection raised by the respondent No. 6 to the claims made by the petitioner for payment of his pension and other retiral benefits was unjustified and without any merit.

Final Decision: The court allowed the writ petition and directed the respondent No. 6 to take prompt action for releasing the pension and other retiral benefits due payable to the petitioner.

JUDGMENT

1. Heard Mr. Ajoy Pebam, learned counsel appearing for the petitioner and Mr. Shyam Sharma, learned Government Advocate appearing for the respondents No. 1 to 4 and 7. Heard also, Mr. S. Suresh, learned counsel appearing for the respondent No. 6.

The issue involved in the present writ petition is with regard to the claim of the petitioner for payment of correct and entitled pension, gratuity and commutation and also for payment of the arrear pension and other benefits due payable to the petitioner.

2. The facts of the present case, in a nutshell, is that the petitioner was initially appointed as a Sub-Inspector in the Directorate of Economics and Statistics, Government of Manipur on regular basis on 25-11-1978. Thereafter, the petitioner was promoted to the post of Inspector on regular basis on 01-07-1996 in the pay scale of Rs. 1400-40-1800-EB-50-2300/-. It is the case of the petitioner that while he was serving as an Inspector in the Department of Economics and Statistics, the State Government revised the pay scale of the Inspector from Rs. 1400-2300/- to 5000-8000/- w.e.f. 01-01-1996 by issuing the Manipur Services (Revised Pay) (1st Amendment) Rules, 1999 [hereinafter referred to as the 'ROP (1st Amendment) 1999']

3. While the petitioner was serving as an Inspector, the State Government gave him the higher pay scale of Rs. 7,250/- we.f. 01-07-2005 on his completion of 24th years of regular service in terms of policy of the State Government under the Assured Career Progression Scheme for the employees of the Government of Manipur. On 11-10-2006, the petitioner was given regular promotion to the higher post of Assistant Director in the Directorate of Economics and Statistics, Government of Manipur in the pay scale of Rs. 5500-175-9000/-. Subsequently, the pay scale of the Inspector in the Directorate of Economics and Statistics, Government of Manipur was revised from the pay scale of Rs. 5000-8000/- to Rs. 4500-7000/- w.e.f. 01-01-2007 under the Manipur Services (Revised Pay) (2nd Amendment) Rules, 2006 [hereinafter referred to as 'ROP (2nd Amendment) 2006'].

4. On 05-05-2010, the Manipur Government notified the Manipur Services (Revised Pay) Rules, 2010 (hereinafter referred to as the 'ROP 2010') thereby revising the pay scales of the State Government employees including the post of Inspector and Assistant Director in the Directorate of Economics and Statistics. The said ROP 2010 came into force notionally w.e.f. 01-01-2006 and cash payment is to given w.e.f. 01-04-2010. In the said ROP 2010, the pay scale of the Inspector was revised from Rs. 4500-7000/- to Rs. 5200-20200/- and the pay scale of Assistant Director was revised from Rs. 5500 -9000/- to Rs. 9300-34800/- with Grade Pay of Rs. 4300/-.

The petitioner retired from service on attaining the age of superannuation on 28-02-2013 while serving as Assistant Director in the Directorate of Economics and Statistics and enjoying the pay scale of Rs. 17,610/- with Grade Pay of Rs. 4300/-.

5. It is the case of the petitioner that after his retirement, the Director of Economics and Statistics, Government of Manipur submitted the revised format of pension calculation sheet under Rule 61 of CCS (Pension) Rules, 1972 and that as per the calculation of the Department, the petitioner was entitled to receive Gratuity of Rs. 5,96,508/- and a pension of Rs. 10,955/- per month, however, the petitioner was given the revised Gratuity of Rs. 5,74,728/-, Commutation of Rs. 4,15,141/- and a pension of Rs. 10,555/- under P.P.O. No. 111301060 by the Accountant General, Manipur. Having been aggrieved by the acts of the Accountant General, Manipur, the petitioner approached this court by filing WP(C) No. 193 of 2016 with a prayer for directing the respondents to allow the petitioner to enjoy the pension of Rs. 10,955/-, Gratuity of Rs. 5,96,508/- and Commutation of Rs. 4,30,873/- along wit

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