BIZAL SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioner-Bizal Singh retired on superannuation from Government Service on October 31, 2009 when he was drawing salary in the pay scale of 3050-4910.

(2.) His pension case forwarded by the State Government to the Principal Accountant General, Jammu and Kashmir, Jammu was returned informing the Executive Engineer, Generation Division, PDC Udhampur that the award of one step higher pay scale of pay of Rs.410-700 to the petitioner vide Chief Engineer, Electric Maintenance & RE Wing, Jammus Order No. CEJ/DPC-I/42 of 2004 dated 23.11.2004 was unauthorized and in violation of Rule 17-13 (1) of the Jammu and Kashmir Financial Code, in that, the stepping up was not sanctioned by the State Government and that action in terms of Rule 17-4 of 2 the Jammu and Kashmir Financial Code be initiated to recover the excess amount drawn by the Officer so that his claim for full and final pensionary benefits could be authorized in his favour. The Principal Accountant Generals Communication No. PNRJ-I/1/11013/1441-45 dated 30th March, 2010, referred to hereinabove, has been questioned by the petitioner seeking its quashing besides directing the Accountant General to release the retiral benefits including pension, gratuity taking into account the actual last pay drawn by him at the time of his retirement. The case set up by the petitioner in the Writ Petition is that award of one step higher scale of pay was authorized and that deductions suggested by the Accountant General were impermissible. The Accountant General, in its Objections to the Petition has, reiterating its stand appearing in Communication of March 30, 2010, stated that the petitioner was not entitled to the fixation of his Pension and other Retiral benefits in the absence of State Governments specific authorization for award of one step higher pay scale.

(3.) In their Response to the Writ Petition, the Staterespondents have not denied the petitioners entitlement to the award of one step higher pay scale and rather justified the grant of one step higher grade promotion being Skilled Technician-III in the pay scale of 3050-4910 retrospectively w.e.f. 19th July, 1980. It is further stated that Jammu and Kashmir PDD (Subordinate Service) Recruitment Rules, 1981 were introduced 3 vide SRO 381 dated 26.08.1981 in terms whereof all promotions against available vacancies in the cadre and vacant posts were regulated by the DPC CE M&RE Wing, Jammu which had one member on the Committee from the Administrative Department of the Power Development Department.