- (1.) Heard learned Standing Counsel for petitioner and perused the record.
(2.) This writ petition under Article 226 of the Constitution has arisen from judgment and order dated 23.07.2014 passed by U.P. State Public Service Tribunal, Lucknow (hereinafter referred to as the Tribunal) allowing Claim Petition No. 443 of 2013 and setting aside order dated 16.08.2012 passed by Competent Authority on claimant's respondent no. 1 representation and rejecting same. Tribunal has held that claimant-respondent no. 1 was entitled for revised pay scale w.e.f. 01.01.2006 and arrears of pension has to be computed accordingly.
(3.) Learned Standing Counsel appearing for petitioner submitted that claimant-respondent no. 1 was suspended and in view of departmental inquiry culminated in order of punishment dated 19.06.2009 whereby respondent no. 1 was placed at the bottom of pay scale of Rs. 800013500/ and in view of relevant Government orders, he was not entitled for benefit of revised pay scale w.e.f. 01.01.2006. Reference is made to Para 5(1)(d) Note 3 of Government Order dated 08.12.2008, which reads as under: ...[VERNACULAR TEXT OMITTED]... Note-3 Suspended Government servant shall continue to receive subsistence allowance in same pay scale in which he was working but benefit of revised pay scale shall be subject to final decision in departmental inquiry. (English translation by the Court);