Case Note & Summary
The petitioner, Dr. J.A. Patil, retired as Director of Seeds Certification in the State of Maharashtra on 30th June 1980, holding a Class I post with a pay scale of Rs.1100-1700. After the Fourth and Fifth Pay Commissions, his pay scale for pensionary benefits was converted to equivalent scales. The petitioner sought revision of his pension to the scale of Rs.14,300-18,300 with effect from 1st January 1996, relying on a Government Resolution dated 31st March 1995 which upgraded the post of Director of Seeds Certification to the status of Additional Director of Agriculture. The petitioner admitted the post was upgraded after his retirement but argued he was entitled to refixation of pension based on the upgraded pay scale. The Maharashtra Administrative Tribunal rejected his contention, holding that the original post was in the cadre of Superintending Agriculture Officer at the time of retirement, and the Government Resolution showed a restructuring of the entire organization, including creation of new posts and reduction of 319 posts. The High Court upheld the Tribunal's decision, stating that pension is computed based on the pay scale of the post held at retirement, and subsequent upgradation does not entitle a retired employee to revision. The Government Resolution did not have retrospective effect. The petition was dismissed.
Headnote
A) Service Law - Pension - Revision of Pension - Post-Retirement Upgradation - The petitioner retired as Director of Seeds Certification on 30th June 1980. The post was upgraded by Government Resolution dated 31st March 1995. The petitioner sought refixation of pension based on the upgraded pay scale. The court held that pension is computed based on the pay scale of the post held at the time of retirement, and subsequent upgradation of the post does not entitle a retired employee to revision of pension. The Government Resolution did not have retrospective effect. (Paras 1-3)
Issue of Consideration
Whether a retired government servant is entitled to revision/refixation of pension on the basis of the upgraded pay scale of the post held by him at the time of retirement, when the post was upgraded after his retirement.
Final Decision
The High Court dismissed the writ petition, upholding the order of the Maharashtra Administrative Tribunal. The court held that the petitioner is not entitled to revision of pension based on the upgraded pay scale of the post after retirement.
Law Points
- Pension is computed based on the pay scale of the post held at the time of retirement
- not on subsequent upgradation of the post
- Upgradation of a post after retirement does not entitle a retired employee to revision of pension
- Government Resolution dated 31st March 1995 upgrading the post of Director of Seeds Certification does not apply retrospectively to employees who retired before the resolution
