Heard the learned counsel for the petitioner and the learned counsel for the respondents. The petitioner has filed this writ petition with the following prayers:
"1) Declare that the inordinate delay in paying the revised pensionary benefits and other monetary benefits due to the petitioner, such as DCRG, commuted value of pension, leave encashment and bonus, are illegal and issue a writ of mandamus or other appropriate writ order or direction commanding the respondents to disburse the revised pensionary benefits and other monetary benefits due to the petitioner including arrears of pension within a time limit to be fixed by this Honourable Court with 18% interest from the date of retirement till the date of payment.
ii) Quash Exhibit P8 to the extent it denies the benefit of fixation of pay on account of in-situ promotion earned after 58 years for the purpose of pensionary benefits, by a writ of certiorari or other appropriate writ, order or direction."
2. The grievance of the petitioner is that even though the petitioner continued in service upto 60 years, only his 58 years service was counted for pension.
3. The Assistant Solicitor General appearing for Central Government submits that due to mistake, the petitioner was given service upto 60 years instead of 58 years. The learned W.P.C.No.20375 of 2004 2 counsel again submits after relying on the decision reported in Union of India v. S.R.Dhingra & others [ (2008) 2 SCC 229 ] wherein it is held that a mistake does not confer any right to any party, and can be corrected.
4. On consideration of material facts and long service rendered by the petitioner, I think that the petitioner is entitled to revised pay and allowances up to 60 years and for pension, the last pay drawn as on 58 years has to be considered. Therefore, I direct the respondent to give pension to the petitioner on the last pay drawn at the age of 58 years. Two years service after reaching 58 years shall not be counted for pension. Only the pay and allowances shall be paid to the petitioner upto 60 years as per revised pay structure. The entire exercise on financial benefits shall be re-calculated and be given to the petitioner within three months from the date of receipt of a copy of this judgment.
The writ petition is disposed of as above.
B.P.RAY, JUDGE su/-