- (1.) This writ petition has been preferred assailing the validity of the order dated 03/1/2009, and also seeks consequential reliefs of computation of pension on the basis of the last pay drawn by the petitioner.
(2.) The undisputed facts are as follows: the petitioner was initially appointed on 01/3/1970 on the post of Assistant Grade-II Clerk with the respondent Corporation. Subsequently, he was granted promotion and was lastly working on the post of Head Clerk wherefrom he retired on 30th June, 2004, upon attaining the age of superannuation. The process of computation of pension payable to him commenced and accordingly the monthly pension was fixed at Rs.2990/-. However, when the aforesaid papers reached the Directorate of Pension and papers were scrutinised, it was found that the petitioner had been paid excess salary for the period beginning 04/1/1996 and therefore, the Directorate of Pension remitted the papers back to the respondent Corporation requiring it to reconcile the aforesaid issue. This is evident from the communication of the Directorate of Pension dated 04/8/2005.
(3.) A perusal of the aforesaid order establishes that while the petitioner with effect from 04/1/1996, was drawing Rs.4875/- in the pay scale of Rs.4500-7000/-, according to the Directorate of Pension the petitioner was entitled to draw only Rs.4500/-. The payment of pension on that basis ultimately found by the Directorate of Pension commenced from March, 2008. However, aggrieved by the fixation of pension and the recoveries sought to be affected consequent to the re-fixation of pay constrained the petitioner to approach this Court by filing Writ Petition No.42437/2008 (Rajendra Singh Negi Vs. U.P.S.R.T.C. & Ors). This petition came to be disposed of by this Court on 20/8/2008, with a direction requiring the respondents to decide the objections of the petitioner by means of a reasoned and speaking order.;