Background
The Court was hearing an appeal moved by the State of Madhya Pradesh assailing the decision of the Madhya Pradesh High Court which had allowed a retired employee (respondent) to get the benefit of ₹40,000 as pension at par with other officers under the Indian Forests Service (Pay) Second Amendment Rules 2008 (with September 27, 2008).
Notably, the 2008 Rules provided for the upgradation of one existing post of Principal Chief Conservator of Forest (PCCF), to be designated the Head of Forest Force in each State cadre. The rules further provided for the apex scale at ₹80,000 for the said upgraded post designated as the Head of the Forest Force.
As per the facts of the case, the respondent had retired in December 2001 and in April 2011, he made a representation to the Central government requesting it to revise his pension from ₹37,750 to ₹40,000. The said representation was rejected by the Centre. In 2013, the Administrative Tribunal rejected the representation.
However, the Madhya Pradesh High Court allowed his plea and held that the respondent who retired in the year 2001, was eligible for the benefit of pension of ₹40,000 at par with other officers.
Source: Barandbench
