PARSHOTAM DAS Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) In the instant petition petitioner while working as Deputy Manager, Bharat Cooking Coal Limited, his pay anomaly was set right on 24.7.2012 while giving certain benefits to the extent of stepping up of basic pay. Thus, his pay was set right from Rs.9302/- to Rs.10,061/-. Consequently, as on 1.4.2012 he was allowed to draw basic pay of Rs.47,773.99/- (Annexure P-6) whereas on 30.1.2013 with reference to guidelines and in order to resolve pay anomaly between the executive cadre vide office order dated 24.7.2012 pay anomaly of the petitioner, which was set right was sought to be cancelled while restoring the petitioner's basic pay of Rs.9302/-. The petitioner aggrieved by the communication dated 30.1.2013 presented this petition.

(2.) Learned counsel for the petitioner has submitted that the impugned communication dated 30.1.2013 is without notice. He has further submitted that after due verification of records, respondents have resorted to set right the pay anomalies of the petitioner from Rs.9302/- to Rs.10,061/- in the basic pay as on 1.1.1997 and consequential refixation was made. Therefore, no infirmity is forthcoming from Annexure P-6, hence, Annexure P-7 dated 30.1.2013 is liable to be set aside.

(3.) Per contra, learned counsel for the respondent raised preliminary objection that author of Annexures P-6 and P-7 are from Dhanbad, State of Jharkhand, therefore, this Court has no territorial jurisdiction to interfere with Annexure P-7. It was further submitted that merely petitioner is residing in the territorial jurisdiction of this Court, he cannot resort to file writ petition in the territorial jurisdiction of this Court. It was admitted that before issuance of Annexure P-7 no notice was given.