Service Law – Revision of pay scale – Fixation of pension – Respondent retired w.e.f 31.07.06 – Filed writ petition seeking fixation of pension @ Rs.8907/- in pre-revised scale and Rs.19333/- in the revised scale – Allowed by Single Judge holding that the pension in the revised scale was rightly fixed @ Rs.19,333/- on account of completing the qualifying service – Judgment affirmed by Division Bench – Appellant inter alia contended that the respondent had retired after one month of re-joining from the leave for about two years without allowances, therefore, the order impugned, confirming the order of the Single Judge is wholly unjustified – On appeal, held: Pension of the respondent was fixed @ Rs. 19334/- w.e.f. 1.3.2010 – As per Circular G.O.(P) dtd. 19.04.12, for computing 10 months emoluments for the purpose of average emoluments in respect of an employee, who retired from service on or after 1.1.2006 and who during the part 10 months draws pay in the pre-revised scale, their pay in the pre-revised scale may be enhanced notionally to the initial pay drawn in the revised scale, which came into force w.e.f. 1.1.2006 – Average emolument is required to be calculated as per Note 1 Clause 63 of Annexure P18, from which it is clear that if during this period, an employee had been absent from duty, on leave with or without allowances, which qualified for pension or having been suspended, but reinstated in service, without forfeiture of service, his emoluments for the purpose of ascertaining the average would be taken, at what they would have been, had he not been absent from duty or suspended – Thus, it is clear that part of 10 months would not mean the past 10 months and if the employee had remained on leave without allowances, even their calculation as per the last pay drawn had rightly been made by the office of Accountant General– No error in the impugned order warranting interference.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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