CHUNI LAL Vs. STATE OF J & K

JUDGEMENT

(1.) Notice to the respondents. Mr. Aseem Sawhney,AAG waives notice on behalf of respondent Nos. 1 to 3 and Mr. Vishal Sharma, ASGI for respondent No. 4.

(2.) It is contended by learned counsel for the petitioner that the petitioner came to be engaged as daily wager in July, 1972 and rendered un- interrupted daily wage service with effect from July 1972 to 18th July, 1980 and came to the regularized vide Order No.83/CEJ dated 14.08.1980. It is further contended that the petitioner after serving the department of the respondents came to be superannuated on 31.01.2008 and at the time of superannuation, he was in the pay scale of 5000-8000 (pre-revised). It is further contended that after stepping up the pay of the petitioner in the year 2006, the petitioner has been drawing salary at the stepped up rate. Learned counsel further contends that in terms of Rule 242 for reckoning the pension and average emoluments which the petitioner had drawn for ten months before the date of his superannuation was to be taken into account by the pension sanctioning authority. The petitioner had been drawing the stepped up pay since 2006 till the date of superannuation without any interruption. The respondent no.4 was not justified in directing the respondents 2 and 3 to recover the excess amount of pay and allowance paid to the petitioner on the ground that before according such stepping up of pay from his initial conversion into the regular grade was without approval from the Finance Department.

(3.) Being aggrieved the petitioner filed SWP No. 361/2012 and in pursuance to the judgment and order dated 20.03.2012 passed by this Court the pay of the petitioner was re-fixed and stands paid to the petitioner, but, an amount of Rs.91031/- was recovered from the amount of gratuity payable to the petitioner. The petitioner again made representation to the Accountant General and the office of the Accountant General vide his communication dated 13.08.2014 directed the District Treasury Officer, Udhampur to refund an amount of Rs.91031 to the petitioner. A copy of the said communication was also sent to the Executive Engineer General Division PDC, Udhampur, but, despite receiving the same neither the District Treasury Officer, Udhampur nor the Executive Engineer Generation Division PDC, Udhampur paid the amount to the petitioner.