KHIROMANI MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties through V.C.

(2.) The instant writ application has been preferred by the petitioner-Himanshu Mahto praying therein for a direction upon the respondent-State to resend the service book and the pension paper of the petitioner to the respondent-Accountant General to fix the retiral benefits and pension of the petitioner and to issue the P.P.O. on the basis of last salary drawn in the pay scale of Rs.2200-150- 4000, now revised in the pay scale of Rs.7500-175-12000. During pendency of this application; the original-petitioner died and his legal heirs were substituted at his place by the order of this Court.

(3.) Mr. Lakhan Sharma, learned counsel for the petitioner submits that the petitioner passed M.A. examination in the year 1986 and was granted pay scale of Rs.2000.002300-3500 while working as B.A. Trained Teacher and was directly recruited as Headmaster. Subsequently vide letter No.6022-V (2) dtd. 8/12/1989, the original- petitioner was granted higher scale of M.A. trained i.e. Rs.2200-4000/- and his basic salary was fixed at Rs.2275.00 on 1/5/1990, Rs.2350.00 on 1/5/1991, Rs.2425.00 on 1/5/1992 and the same was entered into the service book of the original petitioner. The salary was again calculated and fixed at Rs.9500.00 on 1/5/2000 and Rs.9750.00 on 1/5/2001 and Rs.10,000.00 on 1/5/2002 and Rs.10250.00 on 1/5/2003 which was also duly entered in the service book. He further submits that the original-petitioner after completion of 60 years retired from service on 31/3/2008 and 90% Provisional Pension was fixed at Rs.7594.00 by the Department and 90% of the Provisional Gratuity to tune of Rs.3,15,000.00 was also sanctioned and recommendation was made for issuance of P.P.O and G.P.O. Thereafter, an objection was raised by the Office of Accountant General and the matter was clarified by the District Superintendent of Education. However in-spite of aforesaid clarification, the office of Accountant General again returned the service book and pension paper requesting the District Superintendent of Education (respondent no.4) to remove the anomaly in fixation of pay scale and due to this; last pay drawn was reduced and pension has been reduced for what he was originally entitled.