CIVIL APPEAL 7457 of 2008 on 13 December 1999

CWP(T) No. 7457 of 2008

1.9.2009 Present: Mr. Ranjan Sharma, counsel for the petitioner.

Mr. Vinod Thakur,. counsel for the respondents.

The pay of the petitioner was revised and fixed vide office order, dated 22[nd] June, 1999. Consequently, the superannuary pension of the petitioner was also sanctioned on 25[th] August, 1999. However, the pension of the petitioner was reduced vide communication, dated 13th December, 1999, i.e. Anneuxre A-6. It was incumbent upon the respondents-University to at least hear the petitioner before issuance of impugned order, whereby his pay was reduced. The case of the University is that pension has been reduced on the basis of audit para raised by the audit department. Even in that case, it was necessary for the respondents-University to hear the petitioner. In fact, the respondents-University has justified the revision of pay scale vide Annexure A-4, dated 22[nd] June, 1999. Respondents No. 3 and 4 have relied upon Annexure RB, dated Ist February, 2000. The order dated Ist February, 2000 cannot be applied retrospectively to destroy the vested rights of the petitioner since he stood retired on 30[th] June, 1999. In normal circumstances, the respondents-University ought to have been granted opportunity to issue show cause notice to the petitioner. However, in this case since the petitioner has retired on 30[th] June, 1999, interest of justice will be suffice if the present proceedings are closed. Consequently, the impugned order Annexure A-6 is quashed and set aside and the petitioner is held entitled to superannuary pension on the basis of issuance of Annexure A-5, dated 25[th] August, 1999.

September 1, 2009(K)

( Rajiv Sharma ), Judge