RAGHUNATH MISHRA Vs. PRINCIPAL ACCOUNTANT GENERAL (A&E)

JUDGEMENT

(1.) The simple but interesting question which arises in this writ petition is whether conferring selection grade is a promotion or not. The petitioner assails decision of the Principal Accountant General (A & E), Orissa, Bhubaneswar in not granting him pension as per the last pay drawn by him in the selection grade to which he was appointed after the date of his superannuation during the period of his extension.

(2.) The facts of the case are undisputed. It may be summarized as follows:- The petitioner was an IAS Officer. He retired on superannuation on 30.06.1996. At that time, he was posted as the Secretary to the Orissa Legislative Assembly. It is further borne out that the Government of Orissa because of urgency of public service extended his service for six months up to 31.12.1996 in the same post of Secretary, Orissa Legislative Assembly. During such extension, he was promoted to the selection grade time scale of pay and his pay was fixed accordingly in the selection grade. While fixing his pension, the Principal of the Accountant General (A & E), Orissa, Bhubaneswar raised an objection, to the effect that, the promotion given to the petitioner during his extension of service after superannuation is not a regular one. The office of the opposite party no.1, therefore, sought a clarification from the Comptroller and Auditor General of India regarding this matter as it involved a promotion in view of the principles laid down under Para-VIII of Government of India, Department of Personnel and Administrative Reforms' O.M. No.260AA/1/77/EST-B dated 18.05.1978.

(3.) At the outset, this being an application filed by an erstwhile civil servant, a writ application in the High Court is not maintainable. Instead, he should have approached the Central Administrative Tribunal. However, at this juncture, after lapse of more than a decade, we do not propose to transfer the file to dispose of this matter on this technicality and propose to proceed with the merit of the case.