SHEO BACHAN BHAGAT Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) IN this writ petition, petitioner, who retired from the service of Bihar State Electricity Board while posted as Head - Clerk, Gaya Electrical Circle, Gaya (East) on 31.1.2000 is aggrieved by Pension Payment Order as well as order sanctioning gratuity both dated 5.3.2003 (Annexures -A and B respectively to the counter affidavit), by which pension of the petitioner has been fixed on the reduced salary and not on the last pay drawn and Rs. 64,146.90 has been ordered to be deducted from the amount of gratuity on account of excess pay drawn by the petitioner, besides commutation of pension.

(2.) PETITIONERS case, in brief, is that he was given benefit of 12% promotional pay fixation at the time of granting selection grade with effect from 3.4.1976 in the pay scale of Rs. 490 -844/ - as also when he was promoted as Head -Clerk with effect from 27.8.1982 in the pay scale of Rs. 570 -1015/ - i.e. in the higher scale of pay as per Boards Standing Order Ho. XIII/MI - 1024/80/125/EB dated 7th May, 1983 (Annexure -3), whereby para 3 of the Boards Standing Order no. 515 dated 7.5.1976 (Annexure -2) was amended and it was decided to give advantage of adding 12% to the maximum of Rs. 150/ - in fixation of pay on promotion also, if the scale of pay of the post to which promotion is given is higher than the scale of pay of the post given earlier by way of removal of stagnation and this benefit is not admissible to such categories of workmen where scale of pay of upgraded post and that of the post to which promotion is made is identical. After retirement petitioner was given only 90% provisional pension and after several representation when his other remaining retiral dues were not given, he filed the present writ application.

(3.) LEARNED counsel appearing for the petitioner has submitted that the Joint Secretary of the Board vide his letter dated 30.6.2000 enclosing the audit report, as contained in Annexure -6 requested the General Manager -cum -Chief Engineer, Magadh Electricity Supply Area, Gaya (Respondent no. 7) for fixation of pay of the petitioner in the light of the audit report and for calculation of excess pay received by the petitioner, which was replied by Respondent no. 7 vide his letter dated 3.8.2000 (Annexure -7) stating therein that fixation of pay of the petitioner made on 27.8.1982 was done correctly. It has been further submitted that the Respondent - Board is not justified in fixing pension of the petitioner at reduced pay scale, therefore, both the orders as contained in Annexures -A and B have got no basis to stand and are fit to be set aside.