BALMIKI SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the parties. The petitioner who was in the services of the respondent -State, retired on 31st May, 2000, as Chargeman Grade -I from the office of the respondent -Executive Engineer, Public Health Engineering Department, Hatia Project, Ranchi. After retirement, he having not been paid the total retiral benefits, had to move this Court in CWJC No. 1032 of 2001, which was disposed of on 19th March, 2001 with a direction to the respondents to pay the petitioner admitted retiral benefits. In pursuance of such direction, when the respondents -Executive Engineer, took up the matter for payment of retiral benefits, issued the impugned orders, a contained in Memo No. 427 dated 3rd May, 2001 (Annexure -5) and pay fixation statement (Annexure -5/A). It will be evident that the Executive Engineer, Public Health Division, Hatia Project, Ranchi, by the impugned orders fixed the pay of the petitioner in the scale of Rs. 3050 -4590/ -, which is the grievance of the petitioner.

(2.) ACCORDING to the petitioner, he was rightly provided replaced scale of Rs. 4000 -6000/ -, while in service, so after his retirement for the purposes of calculating the pension, it could not have been refixed in the lower scale of Rs. 3050 -4590/ -. It is alleged to have been issued in violation of the Rules of natural justice, the petitioner having not been noticed.

(3.) THE petitioner has enclosed a copy of the extract of recommendation of one or other pay Revision Committees report to suggest that his pay was properly fixed. Counsel for the petitioner also produced the Government of Bihar, Finance Departments resolution No. 660/F -II dated 8th February, 1999, whereby and whereunder, replacement scale was allowed to the State Government employees.