M. S. Painkra Vs State of Chhattisgarh

Chhattisgarh dated 27.8.2021 (Annexure P/17) whereby representation submitted by petitioner seeking grant of dearness relief and revision of pension has been rejected.

¶23

2) Facts of present case are that petitioner was a government servant and at the time of superannuation, he was posted as Secretary, Government of Chhattisgarh. He retired from service on 30.6.2013 and thereafter he was appointed as member of Chhattisgarh Public Service Commission (CGPSC) on 2.9.2013. Subsequently, he was appointed as Acting Chairman on 21.5.2015 and he completed his tenure on 13.6.2015. During his tenure as member of CGPSC, petitioner was being paid salary and allowances admissible to him in accordance to Chhattisgarh Lok Seva Aayog (Conditions of Service) Regulations, 2001 [hereinafter to be referred as ‘Regulations, 2001’] and after retirement, petitioner is getting a fixed pension of Rs. 1,646/- for the services rendered in CGPSC but dearness relief has not been sanctioned to him.

¶24

3) Learned counsel for the petitioner submits that respondent authorities are under obligation to revise the pension payable to the petitioner on account of his superannuation from the post of Acting Chairman of CGPSC. He further submits that according to Regulation 8(3) of Regulations, 2001, petitioner is entitled for dearness relief as well as revision of pension from time to time. He contends that pension payable to government servants is

¶25

3

¶26

revised by the competent government from time to time but said benefit has not been extended to the petitioner yet. He further contends that according to Regulation 9(6), members appointed from non-government sources are also entitled for similar benefit. He prays to allow this petition.

¶27

4) On the other hand, learned counsel appearing for the respective respondents would oppose. They submit that petitioner retired from the post of Secretary, Government of Chhattisgarh and he is getting regular pension admissible to said post along with dearness relief. They further submit that petitioner was appointed as member of CGPSC after superannuation from the post of Secretary, therefore he would not be entitled to receive dearness relief alongwith pension payable to the petitioner according to Regulation 8(3) of the Regulations, 2001. They contend that State Government is providing lump-sum pension as determined under Rule 8(3) to the petitioner, therefore this petition deserves to be dismissed.

¶28

5) I have heard learned counsel for the parties and perused the documents placed on the record.

¶29

6) Regulation 8 of Regulations, 2001 deals with pension payable to members who were in government service. According to Regulation 8(2), government servants subsequently appointed as member or chairman of CGPSC may opt for pension. According to Regulation 8(3), maximum pension payable would be Rs.

¶30

4

¶31

1,56,000/- for chairman and Rs. 1,47,000/- for member. Further, cap is provided in Regulations, 2001 in order to avoid double enrichment. It is not in dispute that a government servant gets pension from his department and if at the same time, he is member or acting chairman of CGPSC, he would be entitled to receive pension according to Regulations, 2001. In absence of any such cap, government servant would collect pension from State Government as well as maximum pension mentioned in Regulation 8(3). In such a case, State Government grants a lumpsum amount or difference amount to the government servant to maintain balance.

¶32

7) In present case, petitioner receiving monthly pension of Rs. 1,646/- as he was member and acting chairman of CGPSC and decision taken by the respondent authorities with respect to nonrevision of his pension appears to be just and proper as petitioner is already receiving the pension for the service rendered with the State Government and same is being revised duly.

¶33

8) Consequently, the instant petition fails and is hereby dismissed . No order as to cost(s) .

¶34

Sd/- (Rakesh Mohan Pandey) JUDGE

¶35

A j i n k y a

M. S. Painkra v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

M. S. Painkra v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Akanksha Pandey Vs State of Chhattisgarh

Smt. Sushila Banjare Vs State of Chhattisgarh

Smt. Anshumala Washnik Vs State of Chhattisgarh

Manoj Kumar Rathore Vs State of Chhattisgarh

Ku. Geeta Yadav Vs Collector

Pranjal Kesharwani Vs Secretary