Retirement benefits and pension are calculated based on the 'last pay drawn' in the substantive cadre post, not on the enhanced salary drawn during an ex-cadre tenure or special assignment.

ORDER

Per: RANJANA SHAHI, JUDICIAL MEMBER

1. The present Original Application has been filed by the applicant praying for the following reliefs: -

(i) To issue an appropriate order/direction for quashing/setting aside / modifying the Revised Last Pay Certificate dated 16-10-2014 (Annexure A/1), Pay Fixation order dated 07-08-2014 (Annexure A2), Pension Payment Order dated 10-11-2014 (Annexure A/3), Gratuity Payment Order dated 03-11-2014 (Annexure A/4) and Leave Encashment Order dated 11-08-2014 (Annexure A/5) and in sequel thereof

(ii) Issue an appropriate order/direction to the Respondents for re-fixation of the applicant's pay in IAS cadre over and above Rs. 56,350/- by way of grant of additional increment because pre-promotion pay of the applicant was Rs. 56,350/- and promotion to I.A.S. on 31.12.2012 makes him entitled to get one higher increment, with the addition of two annual increments in which fell due on 01-07-2013 and 01-07-2014 and thereafter to arrive at the last pay of the applicant at Rs. 61,570/- on the date of his retirement on 31-07-2014 and direct for payment of entire arrears on grant of higher increments and after grant of annual increments and consequently the arrears of retirements benefits with interest @ 18% p.a.

(iii) To further direct the Respondents for revision of commutation of pension, sanction of pension, gratuity, leave encashment and all other retirement benefits on the basis of pay of Rs. 61,570/- to be fixed as stated above and payment of arrears thereof with interest @ 18% p.a.

(iv) To declare the recovery of Rs. 2,36,689/- from gratuity as grossly illegal and invalid and direct its refund with interest @ 18% p.a.

(v) Any other order/direction which this Hon'ble Tribunal deems fit and proper in facts and circumstances of the case, may kindly be passed in favour of the applicant.

(vi) To award the cost of the application.

2. The brief facts of the case, as stated by the applicant, are that the applicant, while working in Super Time Scale of Rajasthan Administrative Service (RAS) on ad hoc basis, was appointed as Member, Board of Revenue vide order dated 09.08.2011 (Annexure A/7) on the basis of selection made by the competent authority under the Chairmanship of the Chief Secretary as provided in Rule 5-B of the Rajasthan Land Revenue (Qualifications and Conditions of Service of Chairman and Members of the Board) Rules, 1971. The applicant having been appointed and joined as Member, Board of Revenue, his pay fixation was done by the Board of Revenue (i.e. Respondent No. 3) vide letter dated 29.09.2011 (Annexure A/10) in terms of the Rajasthan Land Revenue (Qualifications and Conditions of Service of Chairman and Members of the Board) Rules, 1971 amended from time to time, and consequently applicant was fixed in the Pay Band of Rs. 37400-67000 at Rs. 54,700/- (Running Pay Band - Rs. 44,700 + Grade Pay of Rs. 10,000/-). Aforesaid pay fixation of the applicant had been made in conformity with Rules because applicant had been appointed as Member, Board of Revenue and he was entitled to get his pay fixed in terms of the Rajasthan Land Revenue (Qualifications and Conditions of Service of Chairman and Members of the Board) Rules, 1971. After aforesaid fixation of pay of the applicant as Member, Board of Revenue, he was sanctioned annual increment on 01.07.2012 and as a consequence thereof, pay of the applicant stood revised to Rs. 56350/-. In the meantime, the applicant stood promoted in the cadre of Indian Administrative Service (IAS) vide order dated 31.12.2012 (Annexure A/11). While the applicant was working as Member of the Boa