S. K. Phaujdar, J. - (1.) Through the present writ petition, the petitioner prayed for a direction for quashing an order Issued by respondent No. 4 fixing his pension at Rs. 288, w.e.f. 1.1.86. A further prayer was made for a direction in the nature of mandamus commanding the respondents to fix the pension of the petitioner at Rs. 553, w.e.f., the aforesaid date. Prayer was also made for the unpaid arrears calculated at the rate of the pension of Rs. 553 together with interest at the rate of 18 per cent per annum for the sum unduly withheld. The matter was heard finally at the admission stage itself as the respondents had appeared and filed counter-affidavit and had contested the claim.
(2.) It was indicated in the writ petition that the petitioner completed 35 years of continuous service as a teacher and principal in Kunwar Singh Inter College. Ballia, and retired on superannuation on 2.6.70. Under the Triple Benefit Scheme, his monthly pension fixed at Rs. 75 only without any reference to his last drawn salary and this was done in terms of Government Order No. A5355/15-3133/62. dated 17.12.65. It was urged that the Government realised that the pension amount so fixed was too meagre and. as such, the Government went on giving ad hoc and special reliefs w.e.f. 1977 and till December 31. 1985 the ad hoc and other reliefs amounted to Rs. 135 which was to be added with the original pension amount of Rs. 75. The petitioner asserted that the pensioners of the nongovernmental institutions were brought at par with the Government pensioners vide G.O. dated 25.8.90 and this G. O. was based on an earlier G. O. dated 28th July, 1987. The G. O. dated 28th July, 1987, defined the terms 'SAMEKIT PENSION' (consolidated pension). 'VARTMAN PENSION' (existing pension), 'VARTMAN MANHGAI RAHAT (existing dearness relief) and 'ATIRIKT RAHAT (additional relief). These terms had a definite bearing towards calculation of the consolidated pension payable w.e.f. 1.1.1986.
(3.) It was the case of the petitioner, in short, that his VARTMAN PENSION was to be accounted at the original pension and the reliefs payable upto 31.12.85 and the VARTMAN MAHNGAI RAHAT and ATIRIKT RABAT were to be calculated on the basis of sums covered under the head VARTMAN PENSION. It was the contention of the petitioner that his original pension was Rs. 75 and the total amount of relief payable on 31.12.85 was Rs. 135 and. as such, his VARTMAN PENSION should have been Rs. 210 and together with this sum the VARTMAN MAHNGAI RAHAT was to be calculated at 127.5 per cent of the pension and an additional relief at the rate of 15 per cent, subject to a minimum of Rs. 75 was further to be added, the total additing to Rs. 535 per month. It was asserted that the Government had issued a Ready Reckoner for easy calculation of the rates of pension w.e.f. 1.1.86 and the same also indicated that the persons getting a pension of Rs. 210 on 31.12.85 would be entitled to Rs. 553 per month, w.e.f. 1.1.86. It was contended that the respondents had wrongly calculated the pension amount for the petitioner and fixed it at Rs. 288 only. The State had taken the VARTMAN PENSION at Rs. 75 only, added the dearness relief and the additional relief and fixed the pension for the petitioner at Rs. 288 per month as per Annexure-4 and this was not based on the policy set out by the relevant Government Orders. Accordingly, the prayer for quashing the order fixing the pension amount was made and a mandamus was sought for re-fixing the pension at Rs. 553 per month, w.e.f. 1.1.86.;