RAJENDRAPRASADMISHRA ALIAS RAJENDRAPDMISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) In the present writ application under Articles 226 and 227 of the Constitution of India the petitioner has prayed for the following reliefs :- (a) Payment of arrears of salary as Deputy Controller of Accounts for the period 21st January, 1981 to 31st January, 1987, when the petitioner retired, in accordance with fixation of pay recommended by Pay Revision Committee releasing increment due on 1st January, 1979, During this period the petitioner served as Deputy Controller of Accounts. By annexure 14, an order dated 30th June, 1987, he has been granted promotion with effect from 21st January, 1981. (b) On the basis of aforesaid salary, his pension be fixed accordingly and the arrears of pension be granted to him falling due since 1st February, 1987. (c) Payment of 100% total gratuity, which has not been paid to him. (d) Payment of bonus for the years 1984-85. 1985-86 and 1986-87. (e) As stipulated in Annexure 26, he be paid the leave encashment amount of 186 days. (f) Payment of ex gratia amount of Rs. 500 as paid to other State Government employees on the recommendation of Pay Revision Committee. (g) 18% interest on All the aforesaid amounts.

(2.) On 31st January, 1987 the petitioner retired from the service as Deputy Controller of Accounts, Finance (Audit) Department. He was initially appointed as Junior Auditor in the Law Department (Jail Section) in September, 1953. His services were transferred to Finance (Audit) Department in November. 1953. He was subsequently promoted as Auditor Class I in the said Finance (Audit) Department in August 1954. He was then promoted to the next higher post of Senior Auditor Class II in January. 1959 and, thereafter, be was promoted to the post of senior Auditor Class I in June, 1966 In May, 1978, nine posts of Assistant Controller of Accounts were created and he, being one of the seniormost senior Auditor Class I, was promoted to the post of Assistant Controller of Accounts on ad hoc basis with effect from July, 1978.

(3.) In January, 1979, the respondent State merged the post of Assistant Controller of Accounts with the higher post of Deputy Controller of Accounts and since January, 1979 the petitioner became Deputy Controller of Accounts which was notified in Febuary, 1980. On expiry of the promotion the period of respondent State extended the petitioner's promotion as Deputy Controller of Accounts till July, 1979, which was further extended to January, 1980 Having passed the requisite Depcrtmental examination, which was essential for the purposes of confirmation as Deputy Controller of Accounts, and having completed his Treasury training in November, 1979, the petitioner expected that the respondent State would have come out with regular order of promotion of the petitioner as Deputy Controller of Accounts but the same having not been issued and on the other hand a number of other persons, juniors to the petitioner, having been promoted on regular basis, the petitioner raised his grievances before the respondent State that instead of passing a regular order of promotion as Deputy Controller of Accounts, he was being continued by the orders extending the service which continued again from January, 1980 to July, 1980 and as on 24th November, 1980 and he continued to function as Deputy Controller of Accounts. Again, by a notification issued on 30th June, 1981 his ad hoc promotion of Deputy Controller of Accounts was further extended from July, 1980 to January, 1981. In the meantime a number of junior persons were given regular promotion to the post of Deputy Controller of Accounts, whereas, in spite of number of representations and recommendation made by the Senior authority, the respondent State did not choose to issue any notification regarding regular promotion of the petitioner as Deputy Controller of Accounts, on account of notification dated 30th June, 1981 he was paid his salary as Deputy Controller of Accounts up to 20th January, 1981 but since no subsequent notification of extension was issued, he was not paid his salary as Deputy Controller of Accounts since 21st January 1981. While thus performing his duty as Deputy Controller of Accounts in anticipation of regular order of promotion, as provided to his juniors, the petitioner was, in the meanwhile, transferred and posted as Deputy Conroller of Accounts to Hazaribagh vide notification dated 10th July, 1981. Although, on such transfer as Deputy Controller of Accounts the petitioner served at Hazaribagh as Deputy Controller of Accounts but in absence of notification issued for regular promotion of the petitioner as Deputy Controller of Accounts and/or extension of the earlier order of ad hoc promotion, he was not paid salary for the said post. The petitioner then moved Ranchi Bench of the Hon'ble Court in a writ application (C. W. J. C. No. 67 of 1984 (R), seeking direction on the respondent State for payment of the salary for the post of Deputy Controller of Accounts on which the petitioner was performing his duty He also represented to the Hon'ble Chief Justice of Supreme Court of India and the Chairman of the Legal Aid Committee of the Supreme Court and his representation was forwarded to the Ranchi Bench of this Hon'b'e court which was converted as writ petition (C W J C No 1587 of 1983 (R) In March, 1984 the Ranchi Bench passed similar order on both the writ petitions on the basis of statement of the State counsel that within a short time they were going to pay a sum of Rs. 19,000 to the petitioner and shall also examine the cLalm of the petitioner within a period of one month. On the basis of this statement the petitioner withdrew both the writ petitions. In terms of the same undertaking the petitioner was paid a sum of Rs. 19,000 as advance payment in the rank of Deputy Controller of Accounts but soon thereafter, the respondent State issued another order reverting the petitioner from the said post to two rank lower on the post of Senior Auditor Class I and transferred the petitioner by one order dated 19th April, 1984 to Patna as senior Auditor Class I The petitioner then moved another writ application at Ranchi Bench (C. W J. C. No 722 of 1984 (R) challenging the said order of transfer which amounted to reversion of the petitioner on the lower post. In pursuance of the stay granted by the High Court staying reversion the petitioner continued to perform his duty as Deputy Controller of Accounts at Hazaribagh. In the meanwhile, the respondent State released the salary of the petitioner which was falling due from 21st January, 1981 to 28th January, 1983 and from 10th March, 1983 to 31st March, 1984 but not in the rank of Deputy Controller of Accounts, although, there was specific order of the Ranchi Bench Not only he was paid salary for the lower post of senior Auditor Class I for the aforesaid period but also the advance payment of Rs. 19,000 which had been earlier paid to him in accordance with the order of the High Court, was recovered. In July 1984 C. W. J. C. No. 722 of 1984 (R) was dismissed with a view to enable the petitioner to file a representation before the respondent State.