JAYANTILAL POPATLAL JANI SINCE DECD.THRO' HEIRS & L/R V. UNION OF INDIA THR' SECRETARY

SCA/11834/2005

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The case involves Jayantilal Popatlal Jani, who retired as an Assistant Commissioner of Income Tax and was receiving pension including special pay until the 4th Pay Commission's recommendations came into effect on 1/1/1986, excluding special pay from pension calculations. Jani challenged this exclusion through the Central Administrative Tribunal (CAT), which upheld the exclusion based on the 4th Pay Commission's recommendations. Subsequent review applications were also dismissed, leading to this writ petition challenging the Tribunal's decisions.

• Counselvise Citation: [2013] 140 COUNSELVISE.COM (IT) 722930 (HC-GUJARAT)
• Appeal Type: Others
• Pronouncement Date: 24-07-2013
• Assessment Year: misc
• Other Referred Cases: Union of India and Ors Vs. L.V.Vishwanathan (1998) 1 SCC 479
• Laws Referred To: Constitution of India, 1950
• Result in Favour of: Revenue
• Court: HIGH COURT
• Department Lawyers: MANISH BHATT; MAUNA BHATT
• Assessee Lawyers: KEYUR VYAS
• Keywords: Pension; Writ petition; Special pay; 4th Pay Commission; CAT
• Section: 1/1/1986

Judgement Text

"C/SCA/11834/2005 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION NO. 11834 of 2005 FOR APPROVAL AND SIGNATURE: HONOURABLE MR.JUSTICE VIJAY MANOHAR SAHAI and HONOURABLE MR.JUSTICE A.G.URAIZEE ============================================================ ==== 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the Constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ================================================================ JAYANTILAL POPATLAL JANI SINCE DECD.THRO' HEIRS & L/R....Petitioner(s) Versus UNION OF INDIA THR' SECRETARY & 2....Respondent(s) ================================================================ Appearance: DECESED LITIGANT, ADVOCATE for the Petitioner(s) No. 1 MR KEYUR A VYAS, ADVOCATE for the Petitioner(s) No. 1.1 MR MANISH R BHATT, ADVOCATE for the Respondent(s) No. 1 - 3 MRS MAUNA M BHATT, ADVOCATE for the Respondent(s) No. 1 - 3 ================================================================ CORAM: HONOURABLE MR.JUSTICE VIJAY MANOHAR SAHAI Page 1 of 3 C/SCA/11834/2005 JUDGMENT and HONOURABLE MR.JUSTICE A.G.URAIZEE Date : 24/07/2013 ORAL JUDGMENT (PER : HONOURABLE MR.JUSTICE VIJAY MANOHAR SAHAI) We have heard Mr. K.C.Thaker, learned counsel for the petitioner assist by Mr. K.A.Vyas, learned counsel for the petitioner and Ms. Mona Bhatt, learned counsel for the respondent. In this petition, the petitioner retired on 30/9/1984 as Assistant Commissioner, Income Tax. The pension was fixed and he was getting pension on the Special Pay. From 1/1/1986, 4th Pay Commission excluded special pay from the pensionary benefits and therefore the petitioner was getting pension without his special pay being excluded in it w.e.f. 1/1/1986. The petitioner has challenged the order before CAT claiming that his pension should be fixed on special pay. The Tribunal, by its award dated 3/1/2005 passed in OA no. 24/2003 has rejected the claim of the petitioner and held that the petitioner is not entitled the pension on special pay in view of 4th Pay Commission, which fixed for calculation of pension from 1/1/1986. The petitioner filed Review Application being R.A. no. 8/2005 before the Tribunal, which was decided on 29/3/2005. The Tribunal has also dismissed the Page 2 of 3 C/SCA/11834/2005 JUDGMENT review application. Both the orders have been challenged before us by way of this writ petition. The Tribunal has held that after enforcement of recommendation of the 4th Pay Commission, which came into effect from 1/1/1986, pension on special pay was excluded and therefore, pension can not get on special pay. The Apex Court has taken this view in Union of India and Ors Vs. L.V.Vishwanathan reported in (1998) 1 SCC 479 that w.e.f. 1/1/1986, no pension is payable on special pay. Therefore, we do not find any error in the order of the Tribunal or in the Review Order, which may require interference by this Court under writ jurisdiction. Thus, the writ petition fails and accordingly dismissed. Parties shall bear their own costs. (V.M.SAHAI, J.) (A.G.URAIZEE,J) *asma Page 3 of 3 "