TAPAN KUMAR MOHANTY Vs. CHAIRMAN PARADEEP PORT TRUST

JUDGEMENT

(1.) THE petitioner is a medico and while serving as a specialist in Occupational Health under the Paradeep Port Trust he retired from the said post on attaining the age of superannuation with effect from 30.4.2006 A.N. On the date of his retirement, the petitioner states to be drawing a salary at the scale of pay of Rs. 17,550/ - + Rs. 4388/ - N.P.A. After retirement, the petitioner was sanctioned provisional pension and retiral benefits in the scale of pay of a Medical Officer -cum -Assistant Surgeon, i.e., Rs. 14,350/ - + Rs. 3588/ - N.P.A. which was a lower scale than the scale of pay at which the petitioner was receiving his salary on the date of his retirement.

(2.) THE case of the petitioner is that he was promoted to the post of specialist (Occupational Health) in the then scale of pay of Rs. 3, 350 -120 -5150/ - as per the order of promotion dated 4.12.1992 annexed as Annexure -4 to the writ petition. From the date of the said promotion, the petitioner worked as a specialist. The petitioner states that he was confirmed in the promotional post by the office order of Paradeep Port Trust dated 29.4.1993 and he worked in the said post of specialist (Occupational Health) from the date of his promotion dated 4.12.1992 till the petitioner retired, i.e., 30.4.2006. As the petitioner was paid provisional pension at a rate which is applicable to a lower grade, i.e., Medical Officer -cum -Assistant Surgeon and was not paid in accordance with his last drawn salary as a specialist (O.H.), the petitioner states to have made all efforts by personally approaching the authorities for making payment of his pension at the rate to which he is entitled to as a specialist. As no action has been taken, the petitioner being aggrieved has approached this Court under Article 226 of the Constitution for appropriate relief.

(3.) IN the year, 2006, i.e., the year of retirement of the petitioner, the Resident Audit Officer requested the Port either to regularize the promotion given to the petitioner or to recover the excess payment made to him before finalization of the retirement benefits.