- (1.) WRIT Petition filed under Article 226 of the Constitution of India for the issuance of a WRIT of Certiorarified Mandamus calling for the records of the order of the 2nd respondent in Letter No.1724/BOAB/F.8/F.81/D.33, dated 17.04.2002 and letter No.1493/BOAB/F.8/F.81/D.33, dated 25.03.2003, quash the same and consequently direct the respondents to revise the pension/family pension of the petitioner's wife Late S.V.Vijayal. The petitioner seeks to challenge the communication of the second respondent dated 17.04.2002 and 25.03.2003 and while praying for the quashing of the above communications, also seeks a direction to the respondents to revise the pension/family pension of the petitioner.
(2.) THE petitioner retired as Selection Grade Accounts Assistant from the service of the first respondent on 31.08.1996 and he is in receipt of pension. THE petitioner's wife one Tmt.S.V.Vijayal was also employed in the first respondent Board as a Selection Grade Accounts Supervisor. She left her service under Voluntary Retirement Scheme on 01.05.1991 and died on 28.05.1997. After the death of the petitioner's wife, the petitioner was in receipt of family pension apart from the pension paid to him for the service rendered by him. The scale of pay of the employees of the Board came to be revised w.e.f. 01.12.1996. The first respondent Board issued B.P.(Ch).No,208, dated 18.08.1998, revising the pension and pensionary benefits applicable to the existing pensioners who could not get the advantage of the pay revision w.e.f. 1.12.1996. The pension of the petitioner was revised as Rs.3,860/- and the family pension was also revised as Rs.3,716/-. The grievance of the petitioner is that the revised pay applicable to Selection Grade Accounts Supervisor w.e.f 01.12.1996, came to be fixed as Rs.8100-275-13875, that is the petitioner's wife was holding the post of Selection Grade Accounts Supervisor at the time of her voluntary retirement and the revised family pension w.e.f. 01.04.1999 ought to have been fixed based on the said scale of pay, in which event, the petitioner would have got the family pension at the rate of Rs.4,050/- i.e. 50% of Rs.8,100/- from 01.04.1999 to 28.05.2004.
(3.) THE petitioner made a claim on the above basis and sought for payment of arrears in his representation dated 18.01.2000 to the second respondent. THE second respondent in his reply dated 09.05.2000, rejected the claim of the petitioner by stating that the petitioner's wife was not eligible for selection grade scale of pay ordered in B.P.(FB).No.106 dated 03.11.1994, since the petitioner's wife went on VRS on 30.04.1991 itself. THE subsequent representation of the petitioner dated 07.07.2000 and 13.07.2000 was also rejected by the impugned communications dated 17.04.2002 and 25.03.2003. THE writ petition has now been filed challenging the above proceedings. In the counter affidavit filed on behalf of the respondents, it is contended that the scale of pay of Selection Grade Accounts Supervisor came to be revised as under in para 6:- "6..... (i) Revised Scale of Pay with effect from 01.12.1988 Rs.2120-80-2600-90-3230-100-3530 (ii) Revised Scale of Pay with effect from 01.12.1992 Rs.2150-85-2575-95-3050-105-3680 (iii) Revised Scale of Pay with effect from 01.12.1996 Rs.7225-225-12175......" According to the respondents, in B.P.(FB).No.106, dated 03.11.1994, the revision of scale of pay applicable from 01.12.1992 came to be announced, though such revision was based on a settlement with the Employees Union and that the said Board Proceeding was not applicable to the petitioner's wife in as much as she voluntarily retired on 30.04.1991, while the revised scale of pay which came into effect on 01.12.1992, was not extended to those employees who retired prior to the said date. It is therefore contended that the scale of pay that was applicable to the petitioner's wife on the date of her voluntary retirement was the one which was given effect to on 01.12.1988 i.e. Rs.2120-80-2600-90-3230-100-3530 and that the corresponding revised scale of pay which came into being w.e.f. on 01.12.1996 was Rs.7225-225-12175.;