Employees who superannuate on 31.03.2016 are entitled to have their pay for March 2016 determined under revised pay scales, which must then be reckoned for the computation of their pension.

Linked Case : WP(C)/735/2026

SRI PRADIP KUMAR GOSWAMI

SON OF LATE B. D. GOSWAMI

RESIDENT OF - P.O. AND VILL - KHETRI (OPP. B. ED.COLLEGE)

DIST - KAMRUP (M)

ASSAM

PIN - 782403

VERSUS

THE ASSAM POWER DISTRIBUTION COMPANY LTD AND 5 ORS

REPRESENTED BY ITS CHAIRMAN HAVING ITS REGISTERED OFFICE AT

1ST FLOOR, BIJULEE BHAWAN, PALTANBAZAR, GUWAHATI -781001.

BEFORE

HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

ORDER

Heard Mr. J. Patoway, learned counsel for the petitioner; also heard Mr. K. P. Pathak, learned Standing Counsel for the APDCL, Ms. K. Phukan, learned Standing Counsel for the AEGCL.

2. The present writ petitioner in WP(C) No.2055/2026 is former Assistant General Manager of the Assam Power Distribution Company Limited (APDCL), posted at Bijulee Bhawan, Guwahati; and in WP(C) No. 735/2026 is a former Assistant General Manager, posted at APDC, Nagaon Electrical Division. They had superannuated on 31.03.2016. The claims of the writ petitioners are that the benefit of the Revision of Pay Rule, 2017 was not conferred upon them in respect of the last pay drawn and the pension was calculated on the basis of the pre-revised pay, and as a consequence thereof, it is the claim of the petitioners that their due entitlement has not been received.

3. Similarly situated persons had approached the court by filing WP(C) No. 1607 of 2020, which came to be disposed of on 03.11.2022. The APGCL preferred an appeal being Writ Appeal No. 107 of 2023, and the appeal came to be allowed by judgment and order dated 05.08.2024 interfering with the order passed by the Coordinate Bench. The matter travelled to the Apex Court, and the Apex Court in Civil Appeal No. 14559 of 2025 by judgment and order dated 04.12.2025 reversed the judgment of the Division Bench of the High Court and sustained the order passed by the Coordinate Bench. The Apex Court held that the appellants therein are entitled to pay revision as on 31.03.2016 and their pay for the month of March 2016 shall be determined in the revised scales and such revised pay shall be reckoned for computing the pension payable. The arrears of pay and pension were to be directed to be paid within a period of 6 months, and the revised pension will commence from February 2026. The arrear shall carry interest at the rate of 6% for each year passed, and if the above directions are not complied with and in the event of the interest liability arising for non-payment of arrears within 6 months, as directed, the respondents were to pay the interest and the same would be entitled to be recovered from the erring officers who caused the delay in payment of the arrears. The relevant paragraphs of the judgment of the Apex Court are extracted below:

“15. In the present case, on the above principles we looked at the Rules of 2017, which is the subject matter of controversy, which is extracted hereunder: -

Application of the Revised Pay

(a) All employees who were in services on 31st March 2016 or who may have been appointed on or after 1st April 2016 shall draw pay in revised pay structure (Pay Band with Grade Pay) applicable to the posts/grades which they have been holding or to which they may have been appointed as the case may be.

Fitment benefit/revision of pensioner/family pensioners.

(a) The revised basic pension/family pension on 01.04.2016 of the pensioners/ family pensioners who were drawing pension/ family pension on 31.03.2016 shall be fixed by multiplying the existing pension/family pension by a factor of 2.48 and the amount so computed shall be rounded-of to the next multiple