Asger Ibrahim Amin vs Life Insurance Corp. Of India on 11 November, 2014
7. We have gone through the documents produced.
The learned counsel for the respondent has placed reliance
on the decision of the Apex Court in Asger Ibrahim Amin
v. Life Insurance Corporation of India [2015(5) KHC SN
35(SC)] as well as the decision of a Division Bench of the
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O.P.(CAT) No.169 of 2015
High Court of Patna dated 18.05.2015 in Civil Writ
Jurisdiction Case No.10757 of 2010 to point out that, a
situation where a Junior Officer would draw more pension
than his senior is also to be avoided. The resultant position
that emerges from the pronouncement of the Central
Administrative Tribunal as well as the different High Courts
and the Apex Court is that, computation of pension in the
matter of implementation of the 6th Pay Commission Report
has to be at 50% of the pay scale with respect to the scale
of pay applicable to the post in question and not to the
corresponding scale of pay to the one at which the
incumbent has retired. On the basis of the above dicta,
consequential orders have been passed and payments have
also been made in implementation thereof. It is therefore
held that, the issue remains settled by the various decisions
referred to above which are binding on the petitioners. For
the foregoing reasons, we find no grounds to entertain this
petition or to interfere with the impugned order exhibit
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O.P.(CAT) No.169 of 2015
P6. This Original Petition is accordingly dismissed.