SANTOKH SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petition has been filed for issue of a mandamus to the respondents to re-determine the retiral dues payable to the petitioner by taking his last drawn average pay as Rs. 4425.00.

(2.) The petitioner joined service as Overseer in the Irrigation Department of the then State of Punjab. Upon re-organisation of the State of Punjab, his service was allocated to the State of Haryana with effect from Nov. 1, 1966. The petitioner was promoted as Sub-Divisional Officer on ad hoc basis with effect from 12.6.1974 and this post he held till his retirement on 31.10.1992 on attaining the age of superannuation.

(3.) The petitioner was given selection grade of Rs. 4100-5300.00 with effect from 1.5.1989 and as on the date of retirement, he was drawing pay of Rs. 4475.00 per month and his average pay worked out to Rs. 4425.00. However, when his pension was fixed, the respondents considered the petitioner's pay in the scale of Rs. 2200-4000.00 and, thus, fixed his pension at the rate of Rs. 1825.00 per month. After his retirement, order dated 30.11.1992 was passed preparing a revised ranking list of the Sub-Divisional Officers in pursuance of the order of the Supreme Court and therein, the name of the petitioner has been included amongst the promotees of the year, 1974. The petitioner represented to the respondents for revision of this pensionary benefits on the premise that he was drawing salary in the scale of Rs. 4100-5300.00 but no action has been taken by the respondents.