O E BEHI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner who has already retired from service on Aug. 31,1987, has approached this Court with two-fold grievance. Firstly, he challenges the order dated Jan. 3, 1989 by which a direction for the recovery of an amount of Rs.4648.00 had been issued. Secondly, he prays for the grant of selection grade with consequential reflation of pay and pensionary dues.

(2.) As for the order dated Jan. 3,1989, Mr. Jagia, does not press the petition. With regard to the claim for selection grade, the learned counsel points out that vide order dated Dec. 6, 1991, the respondents have granted the selection grade of Rs.2000-75-2300 to the petitioner with effect from April 1, 1979. In view of this order, the petitioner is entitled to the reflation of his pay as also the pension. Furthermore, it is also clear that the petitioner was allowed commutation of pension. Even the amount given to him on account of commutation of pension, gratuity and leave encasement will have to be revised.

(3.) Accordingly, the respondents are directed to refix the petitioners pay as an Executive Engineer, his pension, the amount due on account of commutation, the gratuity as well as leave encasement. The petitioner shall also be entitled to the arrears of salary on account of reflation of his pay. The respondents shall do the needful within three months from the date of receipt of a copy of this order. Since the grant of selection grade was delayed by the respondents for a period of 12 years, the petitioner shall also be entitled to the payment of all the arrears with interest at the rate of 12 percent from the date of accrual till the date of actual payment. The petitioner was unnecessarily dragged to the Court. He will also be entitled to his costs which are assessed at Rs.3,000.00. Order accordingly.