KAMLA KANT PATHAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner by this writ petition has prayed for issuance of mandamus against the respondents for the reliefs mentioned in paragraph 1 of the writ petition.

(2.) THE petitioner superannuated on 30.4.1995 from the post of Supervisor Grade I in the Office of Executive Engineer, Mechanical Division No. 1, Water Resources Department, Birpur. The initial appointment of the petitioner was in the post of Storekeeper in the Mechanical Division of Koshi Project, Birpur on 7.1.1958 in the Work Charge Establishment in the Scale of Rs. 75 -3 -105. The petitioner was promoted as Work Supervisor with effect from 2.12.1963. He was promoted to the post of Supervisor Grade I with effect from 1.9.1967 in the scale of Rs. 120 -225. According to the petitioner the admissible scale -of Supervisor Grade I is Rs. 250 -550. The petitioner filed representation that he was entitled to the scale of the Rs. 250 -550 (Annexure 1). It appears that pursuant to the decision of the State Government contained in letter bearing No. 1661 dated 20.8.1981 all the work charge employees of Koshi Project including the petitioner who had completed five years of service on 1.4.1977 were made regular and given the status of permanent employees on the post they were holding in the Work Charge Establishment (Annexure 2). The petitioner sent several reminders for grant of correct scale of pay of Supervisor Grade -I. Ultimately, he succeeded in getting the order from the Superintending Engineer, Mechanical Circle, Birpur for fixation of his pay in the approved scale of Supervisor Grade I with effect from 1.9.1967 and the petitioner be made permanent in that post (Annexure 3). The Executive Engineer, Mechanical Division No. 1 issued order of permanency of the petitioner by the Office Order dated 21.9.1987 (Annexures 4, 5 and 6).

(3.) THE first grievance of the petitioner is that his pay -scale was fixed vide Annexures 4, 5 & 6 but he was not given arrears of difference of pay and allowances fixed and the Actual pay and allowances paid to him for the period 1.9.1967 to 30.9.1987. No favourable or adverse order was passed by the authorities to whom the representation was filed by the petitioner.