Sunil Ambwani, J. - (1.) WE have heard the appellant, appearing in person and Mr. S.N. Vijayvergiya, Assistant Director, OIC, for the respondents.
(2.) THIS intra -Court Special Appeal is directed against the judgment of learned Single Judge dated 31.07.2012, by which the writ petition, filed by the appellant/petitioner challenging the order of fixation of his pension at the time of retirement in the year 1978, was dismissed. The review petition, filed by the petitioner, was dismissed by learned Single Judge on 18.01.2013. The appellant was initially employed by the erstwhile State of Gwalior. After serving for 32 years and 8 months on various posts, he retired, on attaining the age of superannuation, on 30.04.1978, while serving as Director, Department of Statistics, by the Ministry of Planning & Statistics, Union of India, replacing the services of the appellant to the State Government of Rajasthan for its disposal with effect from 01.05.1978, as he was on deputation with the Union of India. His pension was fixed in accordance with the Last Pay Certificate, dated 30.04.1978, issued by the Accountant -cum -Administrative Officer, National Sample Survey Organization field Operations Division, Department of Statistics, New Delhi. A Pension Payment Order No. 64896(R) was issued on 30.06.1979, verifying the appellant/petitioner's retirement from the post of Director, Department of Economics & Statistics, Government of Rajasthan, with his last pay drawn as Rs. 1900/ - with effect from 19.12.1979.
(3.) ON 14.11.2008 i.e. after more than 30 years after issuance of the Pension Payment Order dated 30.06.1979, in which the date of commencement of the pension was given as 01.05.1978, the appellant/petitioner made a representation to the Director of Pensions, Government of Rajasthan, for revision of his original pension on account of a mistake in calculating the length of service; adopting the last pay drawn, and authorizing the payment of arrears resulting from the correction from 01.09.1978. In the representation, the petitioner stated that while searching for the documents for filing the application for revision of pension of pre -1996 pensioners, who are in receipt of pension less than 50% of the minimum of revised pay scale in force as on 01.09.1996, and looking into the Pension Payment Order, he found that neither his length of service has been correctly counted, nor it is based on the last pay drawn, and actually paid to him by the Rajasthan Government, which needs to be revised first and arrears paid before it can be determined whether it is less than 50% of minimum of pay scale in force as on 01.09.1996.;