RAJIV RANJAN PANDEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) Petitioner, in this writ application, has prayed for quashing the order dated-26.10.2002 (Annexure-4), whereby the petitioner's claim for fixing his pension in the revised scale of Junior Engineer at Rs.5,000-8,500/-, has been rejected and also for a direction upon the Respondents to fix the petitioner's Pension in the revised scale of Junior Engineer i.e. Rs.5,000-8,000/- with effect from 02.03.1982 and to give all the consequential benefits of such revision including the arrears of salary, time to time pay revision/increments, time bound promotion etc. and to compute the pension accordingly.

(3.) The facts of the petitioner's case in brief are as follows: - The petitioner was appointed initially on the post of Supervisor Grade III in the pay scale of Rs.120-200/- on 06.02.1967. Later, he was promoted to the post of Sub- overseer in the pay scale of Rs. 115-5-145-EB-5-195- EB-5-225/- and he joined the said post on 02.03.1972. The pay-scale of the Sub-overseer was revised with effect from 01.01.1971 in the scale of Rs.240-6-300-EB-8-396/-. Since the scale of pay of the post of Supervisor Grade-III was higher than the pay scale of Sub-overseer, the petitioner was granted pay protection and his pay was fixed at Rs.308 per month with effect from 01.01.1971 in the revised pay scale of Sub-overseer in the pay scale of Rs.240-6-300-EB-8-396 and he was allowed to cross the 1st Efficiency Bar from 05.04.1971. Consequent upon the Revision, he was granted increments from time to time. Later, by a Notification issued on 13.12.1976, the State Government had decided to grant promotion to all the Sub-overseers, who were re-named as Junior Engineers. In pursuance to the above Resolution, the petitioner who was holding the post of Sub-Junior Engineer, Gandak Canal circle, Bettiah was transferred to the vacant post of Junior Engineer in the office of the Water Development Division, Garhwa, Camp Danapur by the order of the Chief Engineer, Tenu, Sone and North Koel, Patna, dated-11.04.1977 and he immediately assumed office on the post of Junior Engineer on and from 16.05.1977. After joining the post, he was given annual increments from time to time. With effect from 01.04.1981, the Revision in the pay-scale was effected. However, on re-fixation of pay, the petitioner's pay-scale was fixed in the scale of Rs. 535-760/- on the post of Sub-junior Engineer at Rs.810 per month with effect from 01.04.1981 and the increments, thereafter was granted accordingly. The petitioner, filed several representations before the concerned authorities for correction of the wrong pay-fixation in the light of the Resolution of the State Government, dated-13.12.1976, but the correction was not made and though he continued to work on the post of Junior Engineer but his pay continued to be fixed on the scale of Sub-Junior Engineer. Later, pursuant to the Transfer order, the petitioner joined under the Bihar State Construction Corporation, Patna on 27.06.1996, on the post of the Junior Engineer and thereafter, with effect from 01.01.1996, his revised pay-scale on the post of Junior Engineer was fixed at Rs.2750/-. He continued to receive such pay-scale till 24.03.1991, but he was not granted any increments.