KC BAGHSAWAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) CHALLENGING the action of the respondents in fixing the pay scale, pension and other post retiral benefits by treating the petitioner to have retired from a post carrying the pay Scale of Rs.4000-6000/- and refusing to fix the pension of the petitioner by treating him to have retired from the post of Accountant or a post carrying a pay scale of Rs.4500-7000/-, petitioner has filed this writ petition.

(2.) FACTS in brief necessary for adjudication of the disputes indicate that petitioner was initially appointed as Lower Division Clerk on 14.2.1964 and was posted at Collectorate Jabalpur. In the year 1976, he was transferred to the office of Commissioner Jabalpur Division Jabalpur and was promoted to the post of Upper Division Clerk, on which post, he continued to work upto the year 1989 and, thereafter when the Bargi Ayacut Development was created, vide order dated 7.11.1989, petitioner was promoted on the post of Accountant and posted in the said Ayacut Development Authority and he continued to work till the date of retirement in the pay-scale Rs.4500-7000/- and after retirement, when his pension was not fixed in a proper scale, he has filed this writ petition.

(3.) RESPONDENTS have filed filed the reply and it is the case of the respondents that petitioner was subsequently holding the post of U.D.C, he was not promoted and, therefore, he is not entitled to pay scale of Rs.4500-7000/-, which is the pay scale of an Accountant. It is the case of the respondents that the petitioner is only U.D.C (Assistant Grade-II) carrying the pay scale of Rs.4000-6000/- and, therefore, in fixing his pension in the said pay scale, it is stated that the respondents have not committed any error.