In a petition seeking enhanced pension, salary arrears, and the post of ACP compared to a junior officer, the court disposed of the matter by granting liberty to file a representation within three weeks for the District Magistrate to decide.
liberty granted to move a representation to the District Magistrate to be decided within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
| SL. No |
Date | Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures |
COURT’S OR JUDGES’S ORDERS |
|---|---|---|---|
| W PSS 2 3 2 / 2 0 1 8 Hon’ble Man oj Ku m ar Tiw ar i, J. Mr. Ghanshyam Joshi, Advocate, for the petitioner. Mr. S.S. Chaudhary, Brief Holder, for the State/ respondents. |
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| (2) According to petitioner, he served as Collection Am in in District Dehradun and retired on 30.6.2016. At the time of retirement, he was holding charge of adhoc Nayab Tehsildar. It is the case of petitioner that since one Mr. Gurdeep Singh Kala, who was junior to him, was granted pay scale of ₹8000- 13,500 as third ACP, therefore, petitioner is also entitled to same pay scale as third ACP, as is admissible to the post of Nayab Tehsildar. However, the said pay scale has not been granted to him. In this writ petition, petitioner has sought following substantial reliefs: |
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| “I. Issue a writ, order, or direction in the nature of mandamus directing the respondents to compute the pension of the petitioner as Mr. Gurdeep Singh Kala has been provided by the Committee constituted on 22.08.2016 and the order of the Committee has been passed on 05.09.2016, contained in the writ petition as Annexure No. 1. |
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| II. Issue a writ, order, or direction inthe nature of mandamus |
| directing the respondents to pay the |
|---|
| gratuity, insurance, encashment and other pensionary benefit to the petitioner and arrear of 6thPay Commission. III. Issue a writ, order, or |
| direction in the nature of mandamus |
| directing the respondents to pay the |
| salary of the petitioner from 06th |
| February 2006 to 05thJuly, 2006 on the post of Nayab Tehsildar. |
| IV. Issue a writ, order, or |
| direction in the nature of mandamus directing the respondents to provide the ACP to the petitioner.” |
| (3) Learned State Counsel subm its |
that after petitioner’s retirement, he has |
| been paid pension, gratuity, group insurance and benefit of ACP. Thus, |
| according to him, nothing rem ains to be |
| paid. Learned Counsel for the petitioner, |
| however, subm its that petitioner was not |
| paid any amount as pension between |
| January, 2020 to July, 2022. He further |
submits that the amount paid as pension |
| to petitioner is much less than what he was entitled to. |
| (4) After arguing for a while, |
| learned Counsel for the petitioner |
| confines his prayer that petitioner be |
| perm itted to m ove a representation and |
the competent authority/ District |
| Magistrate be directed to consider and |
decide the same within a stipulated timeframe. |
| (5) Accordingly, writ petition is |
| disposed of granting liberty to petitioner |
| tomove arepresentation highlightinghis |
| grievance and if representation within today, decision thereu in accordance wit competent authority/ concerned, within thereafter by passin reasoned order. |
he m akes the three weeks from pon shall be taken, h law, by the District Magistrate three months g a speaking and |
|---|---|
| ( Man oj 1 .1 1 .2 0 2 3 Pr |
Ku m ar Tiw ar i) ACJ |
2 issues framed by the court
Whether the petitioner is entitled to enhanced pension and benefits compared to a junior officer.
Whether the petitioner can claim salary arrears and the post of ACP.
Collection Amin
State
Manoj Kumar Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
