Case Note & Summary
The present petition was filed under Article 226 of the Constitution of India by Sarojben, widow of Late Bharatkumar Labhshanker Jani, seeking various reliefs including revision of pay scale as per the 6th Pay Commission w.e.f. 1.1.2006, extension of 1st and 2nd Higher Pay Scales as per Finance Department Resolutions dated 16.8.1994 and 18.2.2011, correction of the last pay certificate, and quashing of orders dated 9.10.2007 and 28.10.2015 which sought recovery from the petitioner. The petitioner contended that her husband was entitled to these benefits but the respondents had denied them. The court, after hearing the parties, allowed the petition and directed the respondents to extend the benefits of revision of pay scale and higher pay scales to the deceased employee, correct the last pay certificate, and pay the difference in retirement dues including GPF, gratuity, insurance, and pension. The impugned orders were quashed and set aside. The court also directed fixation of final pension of the deceased employee.
Headnote
A) Service Law - Revision of Pay Scale - 6th Pay Commission - Entitlement to revision of pay scale w.e.f. 1.1.2006 for deceased employee - Petitioner, widow of deceased employee, sought revision of pay scale and higher pay scales - Court held that the employee was entitled to revision as per government resolutions and directed respondents to extend benefits and correct last pay certificate (Paras 1-8). B) Service Law - Higher Pay Scale - 1st and 2nd Higher Pay Scale - Entitlement as per Finance Department Resolutions dated 16.8.1994 and 18.2.2011 - Court directed respondents to extend benefits of 1st and 2nd Higher Pay Scales to the deceased employee and pay consequential retirement benefits (Paras 1-8). C) Service Law - Recovery - Order of Recovery - Quashing of orders dated 9.10.2007 and 28.10.2015 - Court quashed and set aside the orders seeking recovery from the petitioner and directed correction of last pay certificate and fixation of final pension (Paras 1-8).
Issue of Consideration
Whether the petitioner is entitled to revision of pay scale as per 6th Pay Commission and 1st and 2nd Higher Pay Scales for her deceased husband, and whether the impugned orders denying such benefits and seeking recovery are sustainable.
Final Decision
The petition is allowed. The respondents are directed to extend the benefit of revision of pay scale as per 6th Pay Commission w.e.f. 1.1.2006 and 1st and 2nd Higher Pay Scales to Late Mr. Bharatkumar Labhshanker Jani. The orders dated 9.10.2007 and 28.10.2015 are quashed and set aside. The respondents are directed to correct the last pay certificate and pay the difference of retirement dues including GPF, gratuity, insurance, and pension on the basis of corrected last pay certificate, along with arrears. The final pension of the deceased employee shall be fixed accordingly.
Law Points
- Revision of pay scale
- Higher pay scale
- 6th Pay Commission
- Recovery from employee
- Last pay certificate
- Pension fixation
