AMANULLAH KHAN Vs. STATE

JUDGEMENT

(1.) The short controversy projected in the instant petition is that petitioner has superannuated from service on 31.08.2005 while discharging his duties petitioner has been promoted as Lecturer in terms of Government Order No. 964-Edu of 2004 dated 27.12.2004 which was-never brought in the notice of petitioner nor of his immediate superiors. That petitioner, because of having not been served with the copy of promotion order, has suffered a huge monetary loss as despite the promotion orders he continued to draw the salary in his own pay-scale and the pension of the petitioner has also been wrongly fixed while taking into consideration the Master's grade and not that of a Lecturer. The petitioner prays for a direction in the name of respondents for setting right the wrong by treating the petitioner as Lecturer right from 27th December, 2004 in terms of Government Order No. 964-Edu of 2004 dated 27.12.2004; to release the difference of pay as would exist between a pay scale of a Master and Lecturer from 27.12.2004 till 31.08.2005; to fix the pension in the grade of Lecturer after declaring him of having retired as Lecturer; and release all such benefits which would have accrued to him had he been retired as Lecturer.

(2.) Respondents have filed reply and resisted the claim of petitioner on the ground that writ petition is not maintainable because of it involving certing disputed questions of fact which cannot be gone into in writ proceedings; that he cannot take shield of not having the knowledge of issuance of Government Order and that none of his fundamental rights have been violated by the respondents.

(3.) Heard learned counsel for the parties and considered the submissions made.