Third point is revision of pay-scale. The deceased was appointed in December 2005. She died on 31st October, 2006. On behalf of the appellants, evidence has been led to show that salary of the deceased for the month of October 2006 was Rs.8,560/-. From 1.1.2006, old pay-scales were revised though in the year 2008. Learned counsel for the appellants insists that revised pay for the month of October, 2006 i.e. Rs.18,900/- be taken as income of the deceased at the time of death. The learned tribunal has determined the income of deceased on the basis of the pay drawn by her at the time of accident. In para 24, the Hon'ble Apex Court in the case of Smt.Sarla Verma (supra) has expressed the opinion that revision in pay-scale subsequent to the death should not be taken note of. The relevant part of the observation is quoted hereinunder:-
"We therefore reject the contention that the revisions in pay scale subsequent to the death and before the final hearing should be taken note of for the purpose of determining the income for calculating the compensation."
In view of the legal proposition, the contention of the learned counsel for the appellant is rejected.
ALLAHABAD HIGH COURT
Case :- FIRST APPEAL FROM ORDER No. - 3857 of 2010
Appellant :- Smt. Jai Kumari Devi & Others
Respondent :- Smt. Pushpa Gupta & Another
Hon'ble Krishna Murari,J.
Hon'ble Pratyush Kumar,J.
Citation;2016(1) ALLMR(JOURNAL)1ALLAHABAD
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