Neutral Citation No. - 2025:AHC:75578 Court No. - 38 Case :- WRIT - A No. - 47807 of 2017 Petitioner :- Mohan Prasad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Donadi Ramesh,J. 1. Present writ petition is filed questioning the order dated 26.06.2014 passed by respondent no.2 rejecting the claim of the petitioner to revise the pension of the petitioner pursuant to the Government Order dated 19.03.2010. 2. The petitioner has retired from the post of Assistant Teacher on 30.06.2007 and after retirement the pension was fixed. While fixing the pension the 6th Pay Commission which came into existence from 01.01.2006 has not been taken into consideration. 3. Subsequent to his retirement, the Government has issued a Government Order dated 19.03.2010 for fixation of pay of the teachers working in Sanskrit Vidyalaya. Consequent to the said Government Order the authorities have fixed the pay of the petitioner. Based on the above said Government Order dated 19.03.2010 revising pay of the petitioner from Rs.15,880/- to Rs.19,320/-. Once the pay has been revised, the petitioner has approached authorities for revision of his pension and the same was rejected by the respondents vide order dated 20.06.2014 on the ground that the petitioner is not entitle for the benefit under Government Order Dated 19.03.2010. Hence, the present writ petition has been filed. 4. After notice, the respondents have filed their counter affidavit, relevant paragraphs reads as follows:- "4. That the State Government has accepted the 6th Pay Commission Report from 01.01.2006 and in this regard, the Government order has been issued by the State Government on 08.12.2008 and accordingly, the pay scale of the persons concerned; State Employees as well as the Employees who receive the salary from the State Exchequer, has been revised. The petitioner was working as Assistant Teacher in the said institution and was retired from services on 30.06.2007 after attaining the age of superannuation. The State Government has granted the higher pay scale benefit of Sanskrit College vide G.L. Dated 19.03.2010 and according to the said Government Order, from 01.01.2006 to 01.12.2008 the pay scale has been revised on notional basis and the amount of higher pay scale has been paid in cash from 01.12.2008 to 19.03.2010. A true Photostat copy of the Government Order dated 19.03.2010 is being filed herewith and marked as Annexure-CA-1 to this affidavit. 5. That by filing the present writ petition, the petitioner is claiming the benefit of the government order dated 19.03.2010. As per G.O. dated 19.03.2010 and from the service records of the petitioner, it is clear that the petitioner had retired on 30.06.2007 and therefore, no benefit of the said G.O. can be given to him." 5. Based on the above averments, learned counsel appearing for the petitioner has submitted that the respondents has considered and re-fix the pay of the petitioner based on the Government Order dated 19.03.2010 and proceedings were also issued re-fixing the pay from Rs.15,880/- to Rs.19,320/- and once the benefit of re- fixation was done, automatically the petitioner is entitled for revision of his pension based on the re-fixation of salary. But surprisingly instead of revising the pension based on the re- fixation term as per the Government Order dated 19.03.2010, the respondents have rejected the re-fixation of pension only on the ground that the said Government Order is not applicable to the petitioner. Surprising to note that once the re-fixation is already done by extending the benefit to the petitioner to Rs.19,320/-, the respondents are not entitle to reject the claim of the petitioner for revision of the pension. 6. Learned Standing Counsel has submitted that as the petitioner had already got the benefit as per the Government Order dated 08.12.2008 and once he had the benefit as per the Government Order dated 08.12.2008 he is not entitle for revision of his pension once again as per the Government Order dated 19.03.2010. 7. Considering the submissions of learned counsel for the parties and perusal of record, as the issue involved in the petition is that the petitioner is asking for re-fixation of pension based on the revised scale. when the authorities have extended the benefit to the petitioner and re-fixed the scale, now the respondents are not entitle to reject the claim for revision of pension. Once the pay has been re-fixed the authorities has to revise the pension as per the re- fixation of pay. 8. Accordingly, the impugned order dated 20.06.2014 is set aside, remanding the matter back to respondent no.2 to consider the claim of the petitioner as per the revised scale in terms of Government Order dated 19.03.2010 and take appropriate decision within a period of two months from the date of receipt of copy of the order. 9. Accordingly, the present writ petition is disposed of. Order Date :- 9.5.2025/AdityaG (Donadi Ramesh,J.) Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad