BHOOR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petition raises short issue.

(2.) THE petitioner who was in fact due to retire on completion of 55 years of age, on 1.11.1981, due to over -sight or by mistake, was allowed to continue in service upto 25th July, 1983 and was superannuated with elect from that date. The petitioner was also paid the regular emoluments by treating him as continuing in service in the regular pay scale at the state at which he was drawing his emoluments at the relevant time. After the petitioner was retired from services his pensionary benefits were not fixed for long and the petitioner approached this Court through Writ Petition No. 3246 of 1984 making a complaint against non -fixation of his pension and retrial benefits. This Court vide its order dated 2.1.1986, directed to determine the pension of the petitioner within a period of 3 months and to pay the petitioner pension and other post retiral benefits. The order was not complied with in time and the petitioner had to file another Writ Petition being No. 1544 of 1986, in which ultimately a statement was made on 9.3.1987 that the payment of pension has already been made. The Court directed to pay 12 per cent on the delayed payment of pension amount on 9.3.1987, along with Rs. 1000/ - by way of cost. The petitioner later on came to know that in fact Rs. 10,550/ - had been paid less than the amount which legitimately become due to him as pension and. other retiral benefits and, once against the petitioner had to approach this Court through Contempt Petition No. 198 of 1988. In reply to the contempt petition, the respondents made statement that to avoid financial hardship to the petitioner, provisional pension of Rs. 262.50 per month has been sanctioned and a sum of Rs. 10,550.80 has been paid to the petitioner through Bank Draft on January 3, 1987. In the said reply, it was further stated that the petitioner was, in fact, was to retire on 31.10.1981 but since he was actually retired on 27.5.1983, his over -stay has been regularised by order dated 6.2.1987, which has been produced alongwith the writ petition as Ex. 1 and is the impugned order. According to that order, regularisation of his over -stay and pay fixation was made on 6.2.1988 on the lowest of pay scale of Rs. 420 -70. The revision of pay with effect from the date of attaining age of 55 years until the date of -his actual superannuation is proposed to have made under Rule 337 of the Rajasthan Service Rules and the Government decision made there under. According to the said order, the petitioner's over -stay on the post was treated as re -employment and he was fixed on the minimum of the pay scale applicable to the post which the petitioner was holding as on 31st October, 1981 and one increment was granted on completion of one years' over -stay. This has resulted in actual deduction of emoluments of the petitioner and, therefore, a recovery of Rs. 7761.45 was ordered to be made against the petitioner and vide Annxs. 2 and 3 the petitioner was called upon to make good the over -payment made to him.

(3.) IT is this action of the respondents of fixing the petitioner on a pay lower than what he was drawing with effect from 1.11.1981 to the date of his actual superannuation, the petitioner challenges in this writ petition.