D.S. Nakara & Others vs Union Of India on 17 December, 1982
12. This Court also carefully gone through the impugned
order passed by the respondent no.2, it has been rightly noted that
retired employees and the employees in service cannot be kept in
one category and allowed similar benefits. Furthermore, the
pension revision order issued by the Government of India in the
Department of Pension & Pensionary Welfare Department, as
contained in order no. 38/37/2016- P&PW(A) dated 12.05.2017,
there is no provision for taking into account the increments for the
purposes of fixation of notional pay. Further, the reliance of the
petitioners that the ratio laid down by the Hon'ble Supreme Court
in the case of D.S. Nakara (supra) has been passed in a situation
where the discrimination has been caused amongst the pensioners
by fixing a cut off date. However, the fact involved in these writ
applications are different where the applicability of the benefit of
notional pay fixation by taking into account the increment of pay
Patna High Court CWJC No.1525 of 2021 dt.23-12-2022
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is confined to the employees, who are in service and so far the
pensioners are concerned, their notional pay fixation has been
made on the basis of last pay drawn, as has been discussed in the
foregoing paragraphs.