LAWS(APH)-1997-9-88

M JANAKIRAMAIAH Vs. GOVERNMENT OF ANDHRA PRADESH

Decided On September 30, 1997
M.JANAKIRAMAIAH Appellant
V/S
GOVERNMENT OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) An octogenerian pensioner has knocked at the door of the High Court under Article 226 of the Constitution of India seeking directions to the State of Andhra Pradesh and the Engineer-in-Chief (Administration Wing) R&B Department to settle his pension and gratuity after refixing his pay in the promotional post pursuant to the judgment of Andhra Pradesh Administrative Tribunal and to pay the arrears with interest.

(2.) The petitioner was first appointed in the erstwhile State of Hyderabad as III Grade Clerk on 28.7.1938 and promoted as a Divisional Accountant on 31.10.1956. The post of Divisional Accountant was, however, abolished on 1.5,1957 and accordingly the petitioner was reverted. Though he was entitled for promotion as Superintendent in the year l958, he was dented the same. While so he was transferred to Delhi and posted as U.D. Accountant in the A.P. Guest Houseon

(3.) and on attaining superannuation on 7.3.1970 he retired from service.3. The grievance of the petitioner is that he was entitled for promotion as Superintendent in the year 1958, but the same was denied to him. He further stated that the Chief Engineer, R&B., who is the Head of the Department wrote to the Government of Andhra Pradesh on 6.2.1970 to promote him as Superintendent with retrospective effect and that the High Power Committee appointed to look into the grievances of Telangana Employees has also held that he was entitled to promotion. In that connection the filed a representation in Andhra Pradesh Administrative Tribunal seeking retrospective promotion. There upon the Tribunal held that he was entitled for promotion with effect from 3-1-1962. His further grievance is that he was sanctioned an anticipatory pension of Rs.100.00 per month after 3 years of his retirement and no gratuity was released to him.