BRAJESHWAR SAHAY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition under Section 226 of the Constitution of India has been filed by the petitioner for issuance of appropriate writ giving direction to the respondents to fix the petitioner's pension corresponding with the scale of pay from which he was retired and pay him the arrears along with the interest thereon with effect from the date of his retirement along with differential amount of gratuity and leave encashment.

(2.) The petitioner was appointed and joined on the post of cartographer in the Planning and Development Department, Government of Bihar on 24.01.1972. In the year 1976, a post of cartographer with higher scale in Class II Junior was created in the Planning and Development Department, Government of Bihar under the scheme Pilot Research Project in Growth Centre and an advertisement was made by the above stated department in respect of the above stated post. The petitioner applied for the above stated post. A Departmental Promotion Committee was constituted by the Planning and Development Department, Government of Bihar and the aforesaid committee found the petitioner suitable for the promotion to the above stated post and accordingly, his name was proposed. After recommendation of Departmental Promotion Committee, the name of petitioner was notified for the above stated post by the Planning and Development Department, Government of Bihar vide notification no. 1208 dated 08.04.1978. While petitioner was working on the aforesaid post, 4th Pay Revision Committee upgraded the pay scale of cartographer posted in the Planning and Development Department, Government of Bihar to the pay scale of Section Officer but 5th Pay Revision Committee reduced the pay scale against which the petitioner preferred CWJC No. 11319 of 1996 before this Court and in the above stated CWJC No. 11319 of 1996, this Court vide order dated 07.09.1998 directed the Chief Secretary, Government of Bihar, Patna to consider the representation of the petitioner and take final decision in the matter. In pursuance of order dated 07.09.1998, the Chief Secretary, Government of Bihar considered the grievance of the petitioner and by reasoned order took decision to give the petitioner pay scale of Rs. 2000-3500/- equivalent to the pay scale of Section Officer. The aforesaid decision was placed before the State government and the State Government approved the decision of Chief Secretary, Govt. of Bihar treating the case of petitioner as special case subject to condition that after retirement/resignation of the petitioner, the post of cartographer in Planning and Development Department, Government of Bihar shall remain be treated in pay scale of Rs. 1640-2900/- in the light of decision/approval of the State Government. The Joint Secretary, Planning and Development Department, Government of Bihar vide his letter no. 3135 dated 07.12.1998 gave information to the Accountant General, Bihar, Patna in respect of the above stated decision of the State Government and also gave information that the petitioner was entitled to get pay scale of Rs. 2000-3500 from the date of implementation of 5th Pay Revision. Furthermore, in the above stated letter, it was mentioned that the above stated pay scale of Rs. 2000-3500 had been sanctioned to the petitioner only with a view to regularize his pay during his service period and after his retirement for determining his pension benefit. The petitioner superannuated from the service on 31.07.2003 and after his retirement his pension was fixed at reduced pay scale of Rs. 1640-2900. The petitioner filed a modification in CWJC No. 11319 of 1996.

(3.) It is pertinent to note here that CWJC No. 11319 of 1996 was dismissed by a bench of this Court taking note of this fact that petitioner has been enjoying the post retiral benefits on the special pay scale given to him by the Chief Secretary, Govt. of Bihar. The Bench of this Court in CWJC No. 11319 of 1996 rejected the claim of the petitioner for parity with cartographer working in the agriculture department. It is also pertinent to note here that petitioner filed MJC No. 933 of 2011 for modification of above stated order dated 16.11.2010 passed in CWJC No. 11319 of 1996 but the aforesaid MJC No. 933 of 2011 was dismissed by a Bench of this Court giving liberty to the petitioner to re-agitate his claim in a separate writ, if he is not getting retirement benefit of special pay which was fixed by the Chief Secretary, Govt. of Bihar. In the light of above stated order dated 27.04.2011 passed in MJC No. 933 of 2011, the petitioner has filed present writ petition.