YASH PAUL Vs. STATE

JUDGEMENT

(1.) Notice to the respondents. Mr. K.D.S.Kotwal, Dy.AG waives notice on behalf of respondent Nos. 1 to 3 and Mr. Vishal Sharma, ASGI for respondent No. 4.

(2.) The petitioner, through the medium of instant petition, is seeking direction to the respondents to settle his pension case according to the last pay, i.e. Rs.5200-20200+2800 drawn by him at the time of superannuation; with a further direction to the respondents to pay the arrears of pension after re-fixing the same as per the last pay drawn by him and release his amount of gratuity withheld by the respondents.

(3.) Learned counsel for the petitioner contends that the respondents are under legal obligation to settle the pension case of the petitioner as per the last pay drawn under Article 242 of CSR governing the subject and as per the mandate the average emoluments in respect of a government servant are to be taken into consideration on the basis of last ten months pay and pension and other benefits are to be fixed accordingly. He further contends that in similar cases the respondents have considered, but, ignored the same in case of the petitioner. Hence this petition on the grounds taken in it.