PHATIK CH CHOUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. JP Sharma, learned counsel appearing on behalf of the petitioner. Also heard Mr. B.Goswami, learned Jr. Govt. Advocate. The grievances of the petitioner in this writ petition are three fold, i.e. -

(2.) The petitioner who was working as Fodder Development Officer under the Animal Husbandry & Veterinary Department at the time of retirement, he was initially appointed as Non-gazetted Officer in the said Department on 1.2.1956 and he had been continuing to serve in the said post upto 31.8.90. Thereafter since 1.9.90 till his superannuation he served as Gazetted officer, Grade-I. On 5.12.92 the Governor of Assam was pleased to upgrade Class-II (senior Grade) posts of Subject Matter Specialist or its equivalent post as indicted in Schedule-I of the Assam Animal Husbandry & Veterinary and Dairying Service Rules, 1988 which carried the Scale of pay of Rs. 1835/- to 4325/- per month to the cadre of Sub-Divisional Animal Husbandry & Veterinary Officer or its equivalent posts in Class-I service carrying scale of pay Rs. 2275/- to 4450/ giving effect to the Notification immediately. Inspite of the said upgradation, the pay scale of the petitioner was not regulated fixing or paying as per Notification dated 5.12.92. Moreso, the respondent No. 4, Deputy Secretary to the Finance Department, Government of Assam by letter dated 26.5.99 wrote to the respondent No. 3, Accountant General (A & E Assam, requesting to issue necessary instruction to G.E. Sections accepting the fixation of pay under FR 22(1)(a)(i) in case of officers upgraded to Class-1 Service from Class-II service vide Veterinary Department Notification dated 5.12.92 as a very special case. Unfortunately, the respondent did not refix and pay the upgraded class-I scale of pay to the petitioner from 5,12.92 to 31.8.95 i.e. till his retirement to which he iis legally entitled to as per notification dated 5112.92 as well as the communication dated 26.5.99 by which Government agreed for fixation of pay under FR 22( 1 )(a)(i) as a very special case. It is also stated that during his tenure of service the petitioner incurred travelling allowances, L.T.C. expenses etc. for the period firom 1991 to 1995 and subsequently submitted travelling allowances bill and L.T.C. bill amounting to Rs. 23,2837- duly counter signed for payment. But the same also remained unpaid for considerable time for which the petitioner have to submit representation on 28.8.95 just before his retirement. Though the petitioner retired on 31.8.95 and inspite of submission of his pension papers and also the related documents, petitioner has not beem paid his pension and gratuity till today.

(3.) The State respondents has contested this writ petition by filing affidavit-in- opposition, denying and disputing the contentions and averments made therein. Relevant records has also been produced. Relying on the affidavit-in-opposition as well as the relevant records. Mr. Goswami, learned Government Advocate has contended that the petitioner was found to be involved in some financial irregularities during the period from 3.6.92 to 5.11.93 while working as firm Manager, Regional Fodder Seed Production Farm Matia, Goalpara, as per enquiry report dated 26.5.2000 conducted by the enquiry committee as per the Government order vide letter dated 1.4.2000. Due to such financial irregularities committed by the petitioner, the finalisation of his Pensionary benefits was delayed and similarly, upgraded pay-scale as claimed, could not be considered, but so far other bills relating to travelling allowances/LTC were under consideration of the Government.