NAGENDRA PRASAD LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS application has been filed for issuance of a writ in the nature of mandamus commanding the respondents to revise the pay of the petitioner in the light of circular dated 8th of May, 1997 with effect from 1.2.1992 till his superannuation. Further prayer made by the petitioner is to grant him the selection grade with effect from 1.12.1987.

(2.) SHORT facts giving rise to the present application are that the petitioner was a Category III employee of the Food Corporation of India and retired from service as an Assistant Grade -ll on attaining the age of superannuation on 30th of November, 1992. At the time of superannuation he was Category III employee of the Food Corporation of India (hereinafter referred to as the Corporation). The Corporation effected the revision of pay scale of its category III and IV employees by circular 6 of 1997 dated 8.5.1997 (Annexure -1) and said revision was to take effect from 1st February, 1992. Clause 15 of the aforesaid circular, inter alia, provided for grant of benefit to such employee who had superannuated from service. In the light of the aforesaid order the District Manager of Patna sent pay fixation proposal of the petitioner to the Senior Divisional Manager of the Corporation. It is the grievance of the petitioner that the benefit of the pay revision has not been given to him.

(3.) COUNTER affidavit has been filed on behalf of the respondents in which the stand of the respondent -Corporation is that petitioner has not been given the benefit of pay fixation on the ground of pendency of criminal case.