Case Note & Summary
The writ petition was filed by the petitioner seeking a direction to the first respondent to send a revised pension proposal to the second and third respondents for the revision of pension and payment of arrears. The petitioner previously filed W.P.No.1625 of 2023, where the court had directed that the revised pay fixation granted by the respondents should continue and that any excess salary recovered should be refunded within twelve weeks. The petitioner contended that the revised proposal for pay fixation had not yet been submitted. The court emphasized that the revised proposal must comply with the existing Pay Rules and Government Orders. Consequently, the writ petition was disposed of with the direction for the respondents to act accordingly, and no costs were awarded.
Headnote
A) Constitutional Law - Writ Jurisdiction - Direction for Pension Revision - Article 226 of the Constitution of India - The petitioner sought a direction for the submission of a revised pension proposal and payment of arrears. The court held that the revised proposal must be submitted in accordance with the applicable Pay Rules and Government Orders. Held that the petition was disposed of with directions (Paras 1-4).
Issue of Consideration
Whether the court should direct the respondents to submit a revised pension proposal for the petitioner.
Final Decision
The court disposed of the writ petition with directions for the respondents to submit the revised pension proposal in accordance with the applicable Pay Rules and Government Orders.
Law Points
- Article 226 of the Constitution of India
- Pay Rules
- Government Orders
