KRISHNAMOHAN PRASAD ASTHANA Vs. STATE

JUDGEMENT

(1.) THIS application has been filed by the petitioner for quashing the order dated 23.5.2001 passed by the Director, Agriculture, Bihar, whereby he has refused to revise the pension, gratuity and leave encashment of the petitioner on the ground that the petitioner has failed to produce the relevant documents in support of his claim that he has passed departmental examination or in support that he was exempted from passing the examinations during his service career.

(2.) PETITIONER being agriculture graduate was appointed on 23.5.1960 to the nongazetted post of Agriculture Inspector in the pay scale of Rs. 75 -140. He was promoted in the year 1.962 as Agriculture Extension Supervisor. In the year 1961 -63 he passed Hindi noting and drafting examination. He passed departmental and lower accounts examination and accordingly, was allowed to cross efficiency bar, annual increment and promotion to higher post. In the year 1968 designation of Agriculture Extension Supervisor was changed to Block Agriculture Officer. As -such, the designation of the petitioner was also changed as Block Agriculture Officer. The pay scale of Block Agriculture Officer was Rs. 230 -450 and the pay of the petitioner was fixed on 20.1.1973 in the pay scale of Rs. 400. -650 at a basic pay of Rs. 615/ - in terms of recommendation of Third Pay Revision Committee. In the year 1975 the petitioner reached top of the pay scale of Rs. 400 - 650. On 12.2.1977 he was deputed to State Bank of India and remained there still 31.5.1982. While on deputation he was promoted in Bihar Agriculture Subordinate Service Category -l (Agronomy) in the pay scale of Rs. 415 -745 with effect from 13.8.1977. On this promotion the service book of the petitioner was sent to the Agriculture Department for fixation of his pay in the scale of Rs. 415 -745 but it could not be done as service book of the petitioner was destroyed/burnt in an incident of fire. Petitioner continued to receive his salary in the pay scale of Rs. 400 -660 was deprived of the benefit of his promotion throughout, given thereafter. In spite of repeated requests the service book of the petitioner was not reconstructed and his pay fixation was also not done. Petitioner was given promotion to the post of Bihar Agriculture Service Class II in the pay scale of Rs. 510 -1155 (Annexure -6) but in absence of service book the pay of the petitioner again could not be fixed in its scale and he continued to receive salary in the scale of Rs. 400 -660. On the basis of Fourth Pay Revision with effect from 1.4.1981 the pay scale of the petitioner - was revised to Rs. 1000. -1820. But again the benefit of this revision in the pay scale was not given to the petitioner. In March, 1982 the service of the petitioner was repatriated to parent department wherefrom he was again deputed to Rural Development and Panchayati Raj Department, Govt. of Bihar. On 10.4.1982 he was posted as Block Development Officer, Mahaddinagar, Samastipur. In the year 1984 again his service was repatriated to his parent department i.e. Agriculture Department. In the year 1986 he was posted as Project Executive Officer, Piro. Petitioner requested the Agriculture Department to issue his pay slip in the pay scale of Rs. 1000. -1820 with effect from 1.10.1980. The Agriculture Department ignored the request of the petitioner. The Finance Department issued pay slip by fixing petitioners pay at the initial basic pay of Rs. 1000 from 1.10.1980. In the meantime, by Fifth Pay Revision Committee pay scale of Rs. 1,000 -1820 was revised to Rs. 2200 -4000. Accordingly, pay of the petitioner was fixed at initial basic pay of Rs. 2200 ignoring the non -fixation of his pay in the pay scale of Rs. 415 -745 and 510 -1155 on account of promotion in the pay scale of Rs. 1000 - 1820 and 2200 -4000 on the basis of pay revision. However, petitioner was granted annual increment for the year 1986 to 1989. and his pay was fixed at a basic pay of Rs. 2500/ - with effect from 23.5.1989. The annual increment of the petitioner was illegally withheld from May, 1990 and he was allowed to draw his salary at the basic pay of Rs. 2500 up to May, 1995. Petitioner was again repatriated to Agriculture Department. From the month of June, 1995 till December, 1995 he was waiting for posting. He was not paid his salary from June, 1995 to December, 1995. Petitioner retired on 31.12.1999.

(3.) COUNTER -affidavit has been filed by Director, G.P.F., Pant Bhawan, Patna, (Respondent no. 5). In the counter -affidavit it has been admitted that since the deduction statement of G.P.F. for the month May, 1960, October, 1962, May, 1964, July, 1967, November, 1972 and August, 1976. have not been made available even after correspondences, as such, his office is not in a position to authorize the petitioner to take payment of the G.P.F. claim for the referred period. It has further been stated that as soon as the statement of deduction for this period is received, petitioner will be paid his G.P.F. claim without any delay. It has been stated that unless the account for the period is prepared on the strength of duly certified statement of accounts, respondents are not in a position to make payment to the petitioner. From this counter -affidavit it is apparent that though petitioner has retired in the year 1995, still his G.P.F. amount for some specified period remains unpaid.