Case Note & Summary
The petitioner, Chandrakant Govardhan Berad, joined the District Judicial Service as a Stenographer (Lower Grade) in June 1976 and was promoted to Stenographer (Higher Grade) in June 1981. He was further promoted to Personal Assistant to the Principal District and Sessions Judge, Ahmednagar on 07.12.1993 and retired on attaining superannuation on 31.01.2014. The post of Personal Assistant carried a Pay Band of Rs. 9300-34800 with Grade Pay of Rs. 5200, and his last pay drawn at retirement was Rs. 31,790 + Grade Pay Rs. 5200 = Rs. 36,990. Due to a shortage of Stenographers, the Principal District and Sessions Judge offered a one-year extension after retirement, which the petitioner opted for. However, the extension order dated 05.02.2014 granted extension on the lower post of Stenographer (Higher Grade) instead of Personal Assistant, with salary in the same pay as at retirement. This resulted in an anomalous situation where the petitioner's pension was calculated based on the lower post, leading to a lesser pension than if he had not opted for extension. The petitioner filed a writ petition seeking recalculation of pension based on the last pay drawn as Personal Assistant. The court held that pension must be calculated on the last pay drawn on the higher post before retirement, and extension on a lower post cannot reduce pension entitlement. The court directed the respondents to recalculate the petitioner's pension treating the last pay drawn as that of Personal Assistant and pay arrears with interest.
Headnote
A) Service Law - Pension Calculation - Last Pay Drawn - Extension on Lower Post - Rule 68 of Maharashtra Civil Services (Pension) Rules, 1982 - The petitioner retired as Personal Assistant but was granted extension on the lower post of Stenographer (Higher Grade). The court held that pension must be calculated based on the last pay drawn on the higher post before retirement, and extension on a lower post cannot reduce pension entitlement. The anomalous situation where the petitioner would draw lesser pension due to extension was held to be unjust. (Paras 2-10) B) Service Law - Extension in Service - Reversion to Lower Post - The court observed that extension ought to have been granted on the post of Personal Assistant, but was erroneously granted on the lower post of Stenographer (Higher Grade). The court directed that the petitioner's pension be recalculated treating the last pay drawn as that of Personal Assistant. (Paras 4-10)
Issue of Consideration
Whether the petitioner's pension should be calculated on the basis of the last pay drawn on the post of Personal Assistant or on the lower post of Stenographer (Higher Grade) on which he was granted extension after retirement.
Final Decision
The court allowed the writ petition and directed the respondents to recalculate the petitioner's pension treating the last pay drawn as that of Personal Assistant and pay arrears with interest.
Law Points
- Pension calculation
- last pay drawn
- extension on lower post
- anomalous situation
- Rule 68 of Maharashtra Civil Services (Pension) Rules
- 1982
