- (1.) THE instant Special Appeal has been filed assailing the order dated 19.12.2012 passed by learned Single Judge of this Hon'ble Court in Writ Petition No. 7336 (SS) of 2008 whereby the appellant/petitioner was extended his pensionary benefits on the basis of pay scale as was applicable on the date of his retirement.
(2.) WE have heard the learned counsel for the parties and have also perused the pleadings of Special Appeal as well as the record of the writ petition and the order passed by the learned Single Judge.
(3.) THE facts in brief are that the appellant/petitioner while working on the post of U.D.A. in the High Court, Lucknow Bench, was compulsory retired by the order of the Hon'ble the Chief Justice dated 22.11.2006 with the direction that as soon as the retirement becomes final his suspension period shall be treated as on duty with all consequences but not before. It was further directed in the aforesaid order that the appellant/petitioner would be entitled for three months' salary and other allowances on the same rate as he was drawing before the date of his compulsory retirement. In pursuance of the aforesaid order the appellant/petitioner was paid salary of three months and 10 days on 05.12.2006. However while fixing his pension the respondents deducted two increments from his basic pay scale for the year 1998 and 1999. According to the learned counsel for the appellant, as per the order of the Hon'ble the Chief Justice dated 22.11.2006 the opposite parties should have added the increments in his pay scale every year after 1999 to November 2006 while calculating his pension and gratuity. It is not disputed that the appellant/petitioner was awarded punishment of withholding two increments with cumulative effect for his misconduct by means of order dated 10.08.2001. The appellant/petitioner did not raise the question on the said punishment before the writ Court, but has submitted that after withholding of two increments, the appellant/petitioner should have been given pensionary benefits on the basis of basic pay scale applicable on the date of retirement after counting the whole service of the period of suspension. The learned Standing Counsel appearing on behalf of the High Court, on the other hand, has submitted that after withholding of two increments, his basic pay was fixed at Rs. 6,725/ - per month as was applicable on 01.09.1997, that is the date of suspension and accordingly he was extended the benefit of service. It is also a submission on behalf of the respondents that the period of suspension has been calculated in the length of service to extend the pensionary benefits. The learned Single Judge however did not agree with the submission of the learned counsel for the respondents and extended the pensionary benefits to the appellant/petitioner on the basis of pay scale as was applicable on the date of his retirement.;