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Tuesday, June 02, 2015

Person retiring from higher grade receives pension less than person retiring in lower grade - Is it arbitrary ? Read Patna HC judgment.

IN THE HIGH COURT OF JUDICATURE AT PATNA 

Civil Writ Jurisdiction Case No.10757 of 2010 

M.M.P. Sinha, S/o Late Justice B.P. Sinha 
A Retired Railway Servant, Petitioner/s 
Versus 
1. Union of India and others. Respondent/s 

CORAM: 

HON MR. JUSTICE NAVANITI PRASAD SINGH 
and HON MR. JUSTICE RAJENDRA KUMAR MISHRA

"A very simple but ticklish issue arises in this writ petition. The issue is whether a person retiring from a higher grade can receive pension less than a person retiring in the lower grade. Is it not arbitrary and in view of the Judgment of the Hon’ble Apex Court in the case of Union of India and Another Vrs. SPS Vains (Retd.) and Others since reported in (2008) 9 SCC 125, the pension of the person in the higher grade would have to be stepped up accordingly," observes Patna HC. Now read the full judgment.

CLICK HERE TO READ PATNA HC JUDGMENT