Court No. - 16
Case :- WRIT - A No. - 23125 of 2012 Petitioner :- Saeedul Haque Siddiqui Respondent :- State Of U.P. And Others Counsel for Petitioner :- Azad Khan,Mohammad Zakir Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sangeeta Chandra,J.
Supplementary affidavit filed today on behalf of the petitioner is taken on record.
This writ petition has been filed by the petitioner with a grievance that at the time of his retirement on 31.01.2007 his pay on revision was Rs. 17,650/- per month and as such his pension should have been fixed at Rs. 8,825/- per month. The respondents have wrongly taken his pay to be Rs. 170,70/- and fixed his pension at Rs. 8,535/-. It is his case that similarly situated employees have been given pension on the basis of last pay drawn by them. He has referred to one Mohd Nusrat Khan who has retired from the same post on 31.1.2006, who was getting pension of his last pay drawn of Rs.17,650/-.
It has been pointed out by the learned counsel for the State respondent that in the supplementary affidavit filed today by the petitioner he has mentioned that his last pay drawn was Rs.17,360/- in the payable of salary drawn by the petitioner, copy of which has also been annexed along with supplementary affidavit.
This Court finds that it is the grievance of the petitioner that his salary ought to have been fixed at Rs. 17,650/- but he was wrongly paid salary of Rs. 17,360 alone. The petitioner is a low paid employee and no fruitful purpose would be served in keeping this writ petition pending before this Court. The petitioner retired on 31.1.2007 therefore, this Court directs the respondent no.2 to consult his Account Officer and also the respondent no.5 and pass an appropriate correction order, if any, with regard to incorrect payment of salary being made to the petitioner as alleged when he was in service, and also to see whether the petitioner is entitled to more pension than he has been getting from the department.
The petitioner shall file a detailed representation regarding his grievance within three weeks form the order before the respondent no.2 who shall pass an appropriate order after careful examination of records within three weeks from the date of representation along with certified copy of this order is produced before him.
This writ petition is disposed of.
Order Date :- 27.7.2018/A. Tripathi