Dr. Faneshwar Singh Chandra vs State Of Chhattisgarh
2021 Latest Caselaw 2715 Chatt

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                                                                             NAFR
         HIGH COURT OF CHHATTISGARH AT BILASPUR
                      Writ Petition (S) No. 5588 of 2021

     Dr. Faneshwar Singh Chandra S/o Late Chiranjiv Lal Chandra, Ret.
     Assistant Professor (Physics), Aged About 73 Years, R/o H.No. 720,
     Geeta Nagar, Raipur, Chhattisgarh
                                                                   ---- Petitioner
                                    Versus
  1. State Of Chhattisgarh, Through Secretary, Ministry Of Higher And
     Technical   Education,    Man    Power    Deployment,     Science       And
     Technology, Mantralaya, Mahanadi Bhawan, Capital Complex, Naya
     Raipur, District Raipur Chhattisgarh

  2. The Commissioner, Higher Education Department, Government Of
     Chhattisgarh,    Mantralaya,     Naya    Raipur,   District    -    Raipur,
     Chhattisgarh

  3. Gramya Bhartiya Vidhyapith Hardi Bazar, Through Principal, Korba,
     District Korba, Chhattisgarh
                                                             ---Respondents

For Petitioner : Ms. Anuja Sharma, Advocate.

     For State                 :      Mr. Ishan Verma, P.L.


                    Hon'ble Shri Justice P. Sam Koshy
                             Order on Board
06.10.2021

1. The grievance of petitioner in the present writ petition seems to be

the improper fixation of pension, so far as the petitioner is concerned.

2. From the pleadings of the writ petition itself it is evidently clear that

the petitioner was working as an Assistant Professor under the

respondent No.3 establishment, which is a private institution fully

aided by the State Government. The petitioner stood retired from

service w.e.f. 30.08.2011. According to the petitioner, on the date

when he retired in the year 2011, it was the 6th pay commission,

which the petitioner was entitled for and was receiving which was

implemented w.e.f. 01.01.2006. However, when the fixation of the

pension was done, the same has been done on the basis of the

recommendations made as per the 5th pay commission and it is this

that the petitioner is aggrieved of.

3. The issue involved in the present writ petition already came up for

consideration in a bunch of writ petitions, the leading of which being

WPS No. 407/2005, which was decided by this Court on 05.03.2019,

whereby the bunch writ petitions were all allowed and it was ordered

by this Court that the persons who had retired on a particular date,

would be entitled for the pension and pensionary benefits as per the

pay scale that was applicable on the date of retirement, which in the

instant case is 31.08.2011. Admittedly, in the year 2011, it was the

recommendations of the 6th pay commission which was applicable

so far as the salary and the puffs are concerned. In view of the same

the pensionary benefits ought to have been in terms of the

recommendations made under the 6th pay commission.

4. Given the aforesaid facts and circumstances of the case and also

taking note of the judgment passed by this Court in the bunch writ

petitions vide its order dated 05.03.2019, the present writ petition

also stands disposed of in similar terms and it is ordered that the

respondent authorities shall immediately process the claim of

petitioner so far as grant of pension and gratuity as per the revised

pay scale applicable on the date of retirement i.e. 31.08.2011 which

is the recommendations as made under 6th pay commission.

5. Let the respondents take an appropriate decision for revision of the

pension and also for all consequential benefits including arrears, if

any, at the earliest preferably within a period of 4 months from the

date of receipt of the copy of this order.

6. With the aforesaid observations, the present writ petition stands

disposed of.

Sd/-

(P. Sam Koshy) Judge Khatai