N P PAINTER Vs. DISTRICT DEVELOPMENT OFFICER

JUDGEMENT

(1.) The present Special Civil Application is filed by the petitioner who was working as an Additional Assistant Engineer and retired on 31.1.1998. It is the case of the petitioner that he was drawing salary in the scale ofRs.2000- 3500/- when he retired. It is also the case of the petitioner that all other Additional Assistant Engineers working with the respondents are also getting the salary in the said pay scale. The petitioner has stated that the aforesaid pay scale was revised with effect from 1.4.1992 in place of his earlier pay scale of Rs.1640- 2900.00. The petitioner has also stated that after his retirement from 31.1.1998, the pension papers of the petitioner were prepared on the basis of the same pay scale, i.e. Rs.2000- 3500.00. The petitioner is aggrieved as an objection is taken by the Local Fund Audit which stated that the pension of the petitioner is to be fixed in the pay scale of Rs.1640- 2900.00 and not in the pay scale of Rs.2000- 3500.00. It is also the case of the petitioner that all the Additional Assistant Engineers, presently working with the Panchayats as well as with the State Governments are getting salary in the pay scale of Rs.2000- 3500.00 and therefore, there is no question of Local Fund Audit taking any objection in the case of the petitioner and asking the authorities to fix the pension in the pay scale of Rs.1640- 2900.00. The petitioner has prayed for the award of interest on the amount of pension, which is delayed by now for a period more than one and half year on the date of filing of the petition. The petitioner has produced a copy of a letter dated 12.7.1999 whereby the pension of the petitioner was sanctioned. The petitioner has also produced a Resolution of the Panchayat, Rural Housing and Rural Department bearing No.PR- R 1094/878/ D dated 14th May 1998 whereby it is resolved that the persons working as Supervisor in the construction Branch are redesignated as Additional Assistant Engineers.

(2.) The petitioner has also set out in para 3 of the petition that,

(3.) Notice was issued in the matter on 6.3.2000. Thereafter, the matter was adjourned from time to time and on 18.4.2000, rule was issued as the respondent authorities had not filed any counter to the petition despite service. Thereafter, an affidavit sworn on 18.4.2000 came to be filed. Said affidavit is sworn by one Shri S.G. Yadav, District Assistant Examiner, Local Fund Audit, Valsad. Said affidavit has stated in para 2B that,