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As per case facts, the petitioner, a retired teacher, was initially appointed in 1977, regularized in 1978, upgraded to Graduate Teacher in 1992, and placed in Senior Scale by 1999.
...Her pay was fixed in a higher scale as per Revised Pay Rules 2010. Upon retirement in 2016, her pension was calculated based on a lower pay scale, despite her last drawn salary being in the higher scale. The respondents contended that relevant orders for her upgradation were missing, and her higher scale was not properly concurred by the Finance Department. The question arose whether an employee, duly placed in a higher pay scale through official orders, can be denied pension based on that higher scale due to missing records, without any prior notice or proceeding. Finally, the Court ruled that the petitioner cannot be denied the higher pay scale for pension calculation. It deemed the department's inability to trace orders as its lapse, not the employee's fault, and emphasized that pay scale reduction without due process is arbitrary and illegal, especially when similar cases have been decided in favour of employees. The denial was found to be arbitrary and untenable.
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