HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.20347 of 2009 (O&M) Date of Decision: 30.08.2011 **** Dr. Rana Partap Mittal . . . . Petitioner VS. State of Punjab & Ors. . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. VK Shukla, Advocate for the petitioner Ms. Sudeepti Sharma, DAG Punjab **** SURYA KANT, J. (ORAL) (1). The petitioner though has been granted revised pension in terms of the Instructions dated 17.08.2009, however, it is urged by his learned counsel that the last pay drawn by him before retirement was @ Rs.15,900/- but while refixing the revised pension, it has been reduced to Rs.14,300/-. (2). The above-stated action has been justified by the respondents in their reply/affidavit dated 15.11.2010 explaining that:- “Para 6 – Admitted to the extent that the petitioner was getting pay in the existing scale of pay 14300- 18150 the corresponding revised scale of which is revised by Govt. vide Notification No.3/39/09- 3FPC/201 dated 22.2.10 is 37400-67000 + CWP No.20347 of 2009.doc - 2 – Rs.8600/- as grade pay. Hence the petitioner is entitled to pension amounting to Rs.20561/- as initial pay in the pay band is 37400/- by adding Rs.8600/- is worked out to Rs.46000/- and 50% of which comes out to basic pay 23000/- which is admissible to those having qualifying service 33 years. The petitioner has qualifying service of 29.5 years therefore, he is entitled to revised pro rate pension which works out to Rs.20561 P.M which has already been sanctioned by respondent No.3 vide his letter No.13545-46 dated 10.11.09 and the case has already been sent to the AG Pb. for sanction please.” (3). The petitioner, on the other hand, contends that the last pay drawn ought to have been kept in view while revising the pension. (4). Having heard learned counsel for the parties and keeping in view the fact that substantial relief has already been granted to the petitioner, the writ petition is disposed of with liberty to him to submit a representation along with relevant Rules/instructions in support of his above- mentioned claim and on receipt of such representation, if any, the respondents are directed to consider and dispose of the same within a period of six months. (5). However, the arrears on revision of his pension be paid to the petitioner within a period of three months from the date of receipt of a certified copy of this order. (6). Ordered accordingly. Dasti. CWP No.20347 of 2009.doc - 3 – 30.08.2011 vishal shonkar (S u r y a K a n t) Judge