SANJEEV PRAKASH SHARMA,J. - (1.) Brief facts which are required to be noted for adjudication of this case are that the petitioner retired as an Administrative Officer on 31st December, 1996. He put in 36 years of service and had sought voluntary retirement from 1st January, 1997. He was, therefore, relieved on 31st December, 1996 from the post of Administrative Officer, Life Insurance Corporation of India.
(2.) The dispute as put up by the petitioner in person before the Court is that at the time of retirement, the pension payable to him was Rs.6406/-, whereas he was sanctioned Rs.4660/- and he has, therefore, suffered loss of Rs.1746/- + Dearness Relief.
(3.) It is stated by the petitioner that the respondent/s had in their reply admitted that the petitioner was granted pension inclusive of Dearness Relief of Rs.6406/- per month. It is further stated that the respondent/s had in their reply admitted that as per Rule 3 of the Rules of 1995, the pension is calculated on the basis of 50% of the average emoluments. In terms of Rule 35(2) of the Rules of 1995, the pension shall be calculated at 50% of the average emoluments i.e. the basic pay plus Dearness Allowance as drawn at the time of his voluntary retirement. On 31st December, 1996, the petitioner's average emoluments were Rs.12,812/- (basic pay Rs.9200/- plus DA Rs.3612/-), therefore, he was rightly granted pension of Rs.6406/-, in terms of Rule 35(2) of the Rules of 1995. The petitioner, therefore, submits that there was no occasion to pay him reduced pension of Rs.4,660/- alone.;