J.D.TIWARI Vs. CENTRAL PROVIDENT FUND COMISSIONER

JUDGEMENT

(1.) WRIT petitioner retired as a Director, official language under Employees Provident Fund Organization on April 30, 2008. 13 days prior, on April 17, 2008 he was promoted on ad -hoc basis to the post of Director. His pay in the post of Director was fixed on April 29, 2008 in pay scale of Rs.12000 -375 -16500 with effect from April 18, 2008 and on same day his monthly pension was fixed at Rs.9,860/ - and after obtaining commutation of 40% in the pension, the commuted pension was fixed at Rs.5,916/ -.

(2.) ONE Yadhuvansh Narayan working as a Hindi translator had approached the Patna Bench of the Tribunal seeking upgradation of his pay scale from Rs.5500 -9000 to Rs.6500 -10500. On June 03, 2008, much after the petitioner had superannuated, the Patna Bench of the Tribunal directed the Government to look into the grievance of Sh.Yadhuvansh Narayan keeping in view the observations made by the Tribunal resulting in the department upgrading the pay scale of not only Sh.Yadhuvansh Narayan but even other people in the cadre which included the post of the Director. The upgradation was made effective from January 01, 2006. The post of the Director was placed in the pay scale Rs.14300 -18300 with effect from January 01, 2006, replacing the earlier pay scale of Rs.12000 -16500.

(3.) THEREAFTER on May 24, 2011 the department revised the pay scale of the petitioner holding that the initial pay scale Rs.12000 -16500 was correct and accordingly his salary as of April 18, 2008 was fixed in the pay band Rs.15600 - 39100. Recoveries were directed to be made.