PREM SINGH Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) Keeping in view the order, which this Court proposes to pass today, it may not be necessary to issue notice to the respondents.

(2.) The petitioner claims to be engaged as Daily Wager and served the respondents up to 31.07.1985 and thereafter he was converted from PDL to regular establishment w.e.f 01.08.1985 as Helper in the pay scale of Rs. 345-460. He was thereafter given promotion as Pump Operator in the pay scale of Rs. 2610-3540 on 18.02.2003. It is further submitted that the petitioner was given the benefit of SRO 149 of 1973 by respondent No.3 vide his order No. PHEMNDJ/E-10 of 2007 dated 07.08.2007 w.e.f 01.08.1992 and was placed in the pay scale of Rs. 4,000-6,000 (pre-revised). Thereafter, the petitioner was granted two in-situ promotions, firstly placing him in pay scale of 4500-7000 (pre-revised), w.e.f 01.09.2001 and second in-situ promotion was granted in his favour vide order dated 27.11.2014, placing the petitioner in pay scale of Rs. 5000-8000(pre-revised).

(3.) The petitioner further submits that at the time of superannuation i.e., on 31.08.2019, he was drawing the salary in the pay scale of Rs.5,000- 8,000 (pre-revised). The respondent No. 4, however, instead of settling the claim of the petitioner as per the last pay received, intends to settle the pension and other post retiral benefits as per the lower pay scale without taking into consideration the last pay drawn by the petitioner.