Court No. - 7
Case :- WRIT - A No. - 23056 of 2018 Petitioner :- Badan Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shiv Raj Singh Counsel for Respondent :- C.S.C.,Vikram Bahadur Singh
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Shiv Raj Singh, learned counsel for the petitioner; Sri Vikram Bahadur Singh, learned counsel for the respondent nos.2 and 3 and; learned Standing Counsel for the State- respondents.
2. Petitioner claims to have retired as Head Master of Junior High School, Pali Khurd-II, Bharthana, District-Etawah on 30.06.1994. While regular salary has been paid to him, the petitioner claims that he is entitled to revision of his pension in view of the recommendations of Sixth Pay Commission as became applicable to his case as also Government Order dated 16.09.2009.
3. The petitioner complains, despite such entitlement his pension has not been revised and further his representation dated 06.05.2017 made in that regard to respondent no.3 - Finance and Accounts Officer, Basic Education, District- Etawah has also not been decided.
4. Sri Vikram Bahadur Singh, learned counsel appearing for respondent nos.2 and 3 would submit that the claim made by the petitioner would require examination of facts and at present, it cannot be said that the petitioner is entitled to such revision.
5. No useful purpose would be served in keeping the present petition pending any further or calling for counter affidavit, the present writ petition is disposed of with the following observation:
(i) the petitioner may file a fresh representation along with a certified copy of this order before the respondent no.3 - Finance and Accounts Officer, Basic Education, District- Etawah within a period of two weeks from today;
(ii) in the event the said respondent is of prima facie view that the representation/application deserves to be rejected, he may issue a prior show cause notice to the petitioner specifying the points on which the petitioner's representation is proposed to be rejected within two weeks therefrom;
(iii) the petitioner shall be at liberty to file his final reply to such notice, if issued, within two weeks and no more from the date of receipt of that notice;
(iv) the respondent no.3 may proceed to hear and decide the same strictly in accordance with law and pass a reasoned and speaking order within a period of two months from the date of filing of last reply by the petitioner, if any.
Order Date :- 27.10.2018 Abhilash