PARSHOTAM LAL Vs. STATE OF J & K

JUDGEMENT

(1.) The petitioner came to be engaged as Daily Wager in the month of July, 1998 and worked as such upto 31.07.1985. Thereafter he was converted from PDL to regular establishment w.e.f 01.08.1995 as Pump Operator in the pay scale of Rs. 345-460. In terms of respondent No.'s order No. 108-E of 1991 dated 29.06.1991, the petitioner was placed in the pay scale of Rs. 745-1025 as Pump Operator we.f. 18.09.1989. In pursuance of SRO 149 of 1973, the petitioner has been granted non-ITI benefit in the pay scale of Rs. 950-1500. It is stated that the petitioner was granted 1st time bound promotion in terms of SRO 14 dated 15.01.1996 read with SRO 225 of 1997 and was placed in the pay scale of Rs. 4500-7000 w.e f. 01.01.1995. It is further submitted that 2nd time bound promotion was also granted to the petitioner and the petitioner was placed in the pay scale of Rs. 5000-8000 w.e.f. 01.09.2003. The petitioner further submits that at the time of superannuation i.e. on 31.07.2019, he was drawing the salary in the pay scale of Rs. 9300-34800 with GP Rs. 4200 (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.