J J PANCHOLI Vs. DEPARTMENT OF AGRICULTURE

JUDGEMENT

(1.) BY way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for an appropriate writ, order and/or direction, directing the respondents to pay the arrears of the higher pay scale for the period from 27/1/1998 till date with interest at the rate of 18% per annum.

(2.) IT is the case on behalf of the petitioner that the petitioner was promoted to the post of Agriculture Officer on 24/08/1987 and at that time he was getting the pay scale of Rs. 5500-175-9000. It is the case on behalf of the petitioner that though the petitioner was promoted to the higher post, his pay scale remained the same. It is the case on behalf of the petitioner that therefore, the petitioner was entitled to the benefit of first higher pay scale on completion of 9 years as Agriculture Officer from 24/8/1987 and, therefore, the petitioner is claiming the benefit of first higher pay scale on the post of Agriculture Officer.

(3.) APART from the fact that the claim made by the petitioner is too stale and even apart from the fact that the petitioner has retired on 31/8/2006, even the petitioner got his next promotion as Assistant Director of Agriculture on 21/6/1997 in the pay scale of 8000-13500/- and the next higher scale was already granted, there is no question of granting benefit of higher pay scale to the petitioner. The petitioner is asking for benefit of higher pay scale for the post of Agriculture Officer. However, the petitioner has already got promotion on the post of Assistant Director of Agriculture. Under the circumstance, there is no substance in the present petition and the same deserves to be dismissed and the petition is accordingly dismissed.