RAJINDER FISHTA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant petition has been filed for the grant of following relief:

(2.) As per the learned counsel for the petitioner, he was appointed, as Patwari in the month of February, 1983, thereafter he was selected, as Kanungo, in the month of March, 1984. The petitioner was promoted to the post of Naib Tehsildar and later on appointed, as Tehsildar. The petitioner retired on 31/5/2013, as Tehsildar, Paonta Sahib, however keeping in view his service career, the petitioner was granted extension of service for one year w.e.f. 1/6/2013 to 31/5/2014. As per the Notification dtd. 30/5/2013, the period of extension shall not be entitled to the petitioner for any additional increment/additional financial benefits, except last pay drawn on 31/5/2013, but the regular increment has not been denied/debarred, as per the instructions of the State Government of Himachal Pradesh, during the period of extension, the petitioner is entitled to grant increment to full pay and allowances and the said period of extension is counted for qualifying service for the purpose of pension, gratuity and other retiral benefits. Since, the petitioner was not granted the regular increment, which was due to him in the month of July, 2013, he made a representation to respondent No.1/competent authority, but respondent No.1/competent authority did not take any decision upon the said representation made by the petitioner. The petitioner again made a representation on 7/2/2014, the same was rejected and communicated to him vide letter dtd. 25/4/2014.

(3.) Reply to the petition has been filed and it is averred that the petitioner was superannuated as Tehsildar on 31/5/2013 and one year extension in service was granted to him w.e.f. 1/6/2013 to 31/5/2014 with the condition that during the period of extension, he will not be entitled for any additional increment/additional financial benefits except last pay drawn as on 31/5/2013 and as such, the instant petition is not maintainable and prays for dismissal of the same.