O.P.ABROL Vs. STATE

JUDGEMENT

(1.) In view of the annexures annexed with the writ petition there is no requirement to seek response from the respondents No. 1 and 2. Respondent No.3 has already filed the reply affidavit.

(2.) Petitioner retired on superannuation in the year 2000 as Head Computer. His gratuity amount has been withheld by respondent No.3 on the ground that his pay could not be stepped up and put at par with Sh.R.C.Gupta and there has been allegedly wrong fixation of pay in terms of Government Order No.PW-162/89 dated 14.03.1989. The employer of the petitioner after considering his claim for stepping up of pay and finding the same justified, issued Government Order No.166-PW (R&B) of 2004 dated 15.03.2004 whereunder sanction has been accorded to the stepping up of pay of the petitioner from Rs.2650 to Rs.2725 in the pay scale of 2125-3600 pre-revised w.e.f 16.02.1993 and has been granted next date of increment on 1st of February, 1994. The order has been issued with the concurrence of Finance Department.

(3.) The respondent No.3 raised objection about the grant of the aforesaid benefit paid to the petitioner vide communication No. PNR-II-A/04-05/1521-22 dated 4th of February, 2005. In response to said communication, the Joint Director Sericultural Wing, Designs, Inspection and Quality Control, Jammu and Kashmir, Jammu vide its communication No.SWJ/8-9 dated 12th of April, 2005 informed the respondent No.3 that the stepping up of pay of petitioner was done after examining his case and after seeking concurrence from the Finance Department. The order in this behalf was issued and the request was made to respondent No.3 to release the withheld gratuity amount in favour of the petitioner.