Court No. - 38
Case :- WRIT - A No. - 12419 of 2019 Petitioner :- Kalawati Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Rashmi Tripathi,Anuradha Sundaram Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Following orders were passed in the matter on 19.8.2019:-
"It is stated that the Director in his order dated 14.03.2019 has correctly calculated petitioner's service rendered to the department as 24 years 11 months 29 days, but in the payment pension order, the period has been computed as 40 six monthly cycle which works out to 20 years only. Submission is that the petitioner?s pension has not been correctly fixed.
Learned Standing Counsel may obtain instructions in the matter, by the next date fixed.
Post as fresh on 2nd September 2019."
Pursuant to the orders passed on 16.9.2019, the Director, Ayurved Services, U.P. Lucknow has filed his personal affidavit today, which is taken on record. In para 6 of the affidavit it is stated that full pension becomes payable upon completion of twenty years qualifying service and since petitioner has completed such term, therefore, full pension has been sanctioned to her. It is stated that any period over and above twenty years would not entitle the petitioner to an additional benefit, and therefore, the same has not been referred.
The affidavit filed by the Director, which is supported with the Government Order dated 8.12.2008, satisfactorily answers the issue raised by the petitioner. In that view of the matter, no interference is called for.
Learned counsel for the petitioner then states that benefit of second promotional pay scale under ACP scheme is also due and payable but the same has not been paid.
If that be so, it would be appropriate to provide that the Director concerned shall examine this aspect of the matter and would pass appropriate order in that regard. It goes without saying that in case benefits under ACP scheme is found due and payable, the same shall be paid after examining petitioner's entitlement in accordance with applicable govt. orders. Required decision would be taken within a period of three months from the date of presentation of certified copy of this order.
With the aforesaid observations/directions, this writ petition stands disposed of.
Order Date :- 26.9.2019 Ashok Kr.