DWARKA NATH Vs. STATE OF J & K

JUDGEMENT

(1.) The petitioner came to be engaged as Daily Wager on 01.07.1985 and served as such up to 31.03.19994. Thereafter he was converted from PDL to regular establishment w.e.f 01.04.1994 as Helper Mech in the pay scale of Rs. 750-940. It is stated that the petitioner was granted 1st time bound promotion in terms of SRO 14 dated 15.01.1996 & SRO 311 of 09.09.1997 and was placed in the pay scale of Rs. 2610-3540 w.ef. 01.05.1999. Subsequently, the petitioner was re-designated as Assistant Motor Man vide order No. 141-PW(Hyd) of 2004. It is further submitted that the petitioner was given the benefit of SRO 149 of 1973 by respondent No. 2 vide his order No. 783-813 dated 22.04.2004 and was placed in the pay scale of Rs. 4000-6000 for non ITI w.e.f. 01.04.2001 (pre-revised). The petitioner further submits that at the time of superannuation i.e. on 30.06.2019, he was drawing the salary in the pay scale of Rs. 5200-20200 with GP Rs. 2400 (pre-revised). The respondent No. 4, however, instead of settling the claim of the petitioner as per the last pay drawn by him, settled the pension and other post retiral benefits as per the lower pay scale without taking into consideration the last pay drawn by the petitioner.

(2.) In this petition, the writ petitioner seeks a direction to the respondents to settle the pension of the petitioner as per the last pay drawn by him. The petitioner also seeks a direction to the respondents to pay the arrears of pension after re-fixing the same and gratuity withheld by the respondents along with the interest @ 18% per annum till the same is released and paid to the petitioner.

(3.) Learned counsel for the petitioner places reliance on the judgment passed in SWP No. 1686/2013 and submits that since the issue involved in this petition is similar to the aforesaid writ petition and, therefore, this writ petition may be disposed of in the same manner as has been done in the aforesaid writ petition.