BIJOYA GOSWAMI AND 4 ORS Vs. STATE BANK OF INDIA AND 4 ORS REP BY ITS CHAIRMAN, STATE BANK BHAVAN
LAWS(GAU)-2018-9-47
HIGH COURT OF GAUHATI
Decided on September 21,2018

Bijoya Goswami And 4 Ors Appellant
VERSUS
State Bank Of India And 4 Ors Rep By Its Chairman, State Bank Bhavan Respondents

JUDGEMENT

Nelson Sailo, J. - (1.) Heard Mr. SK Ghosh, the learned counsel for the writ petitioners as well as Mr. KK Dey, the learned counsel appearing for the respondent Nos. 1, 2 and 3. Ms. P Borah, the learned counsel appears on behalf of the respondent No.4 whereas Mr. A Chetri, the learned counsel appears for the respondent No.5.
(2.) The petitioners are sons and daughter of late Uttam Chandra Goswami and Smti Renu Goswami. Sri Uttam Chandra Goswami retired from the post of Assistant Registrar of Cooperative Societies on 01.06.1986. After his retirement, he was enjoying his pension along with other retirement dues. However, he expired on 15.06.1993 and thereafter, his wife Smti Renu Goswami was drawing the family pension of the late employee. Smti Renu Goswami also thereafter unfortunately expired on 15.08.2013. Although she was enjoying the family pension during her lifetime, she was not given the new revised pension which was introduced by the State respondent vide Office Memorandum dated 01.06.2010 w.e.f. 01.01.2006. That is how the petitioners are before this Court claiming the benefit of the new revised pension. The petitioners have also annexed a certificate of next of kin dated 01.03.2014 issued by the Office of the Deputy Commissioner, Kamrup (M) showing them as the sons and daughters of late Renu Goswami.
(3.) The nature of the controversy lies in a narrow compass. With the introduction of the new revised pension vide Office Memorandum dated 01.06.2010 (the OM) pursuant to the recommendation of the Assam Pay Commission, 2008 revised pension/ family pension was accorded in respect of pre 01.01.2006 pensioner/family pensioners as provided in the OM. It was also provided that the order shall apply to all the pensioners/family pensioners who were drawing /entitled to pension/family pension as on 31.12.2005 under the Assam Service (Pension) Rules, 1969 as amended. Clause-3(a) of the OM provides for consolidation/ revision of pension/ family pension which is to be calculated in the manner provided therein. It is further provided under Clause-3 (b) that the computation under Clause 3 (a) will be subject to the condition that the revised basic pension in no case should be lower than 50 % of the sum of the minimum of the pay in the pay band and the Grade pay thereon corresponding to the pre-revised pay scale from which the pensioner had retired. Clause-5 of the same OM also provides that the revision of pension/ family pension w.e.f. 01.01.2006 to 31.03.2009 is to be made notionally and no arrear shall accrue during this period. However, arrear w.e.f. 01.04.2009 may be calculated and paid by the pension disbursing authorities including selected nationalized /public sector bank in a single installment.;


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