In Brief
A railway employee retired in 1991 as a Train Examiner with a pension claim dispute unresolved for 27 years. The core issue was whether his pension should be calculated based on the Train Examiner scale (Rs. 4500-7000) or the Junior Engineer Grade-II scale (Rs. 5000-8000) following the 5th Central Pay Commission. The High Court had wrongly assumed the post was re-designated and allowed the writ petition. The Supreme Court reversed this, finding no evidence of re-designation and holding that the post held at retirement determines the pension scale. The clarificatory Office Memorandum of 2001 complemented, not overrode, the 1998 memorandum. The appeal was allowed and the High Court's judgment set aside.
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