CHANDRAMATI DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties. The petitioner is the widow of one Late Ram Nagina Prasad, Instructor, Industrial Training Institute, Dhanbad, who died in harness on 5.12.2005.

(2.) The petitioner in the present writ application approached this Court for restraining the respondents from making any deduction from her pensionary benefits. The petitioner also sought a direction upon the respondents for giving approval of the benefit of First Time Bound Promotion to the husband of the petitioner in the scale of Rs. 850-1360/- which was arbitrarily reduced to the scale of Rs. 785-1210/- by an order passed vide Annexure-7 dated 18th July, 2003 by the Director, Employment and Training, Government of Jharkhand.

(3.) It is the contention of the petitioner that the petitioner's husband joined service on 2nd November, 1965 as an Instructor. At the relevant point of time, the Respondents-Department of Employment & Training, Govt. of Jharkhand had two cadres of Junior and Senior Instructors. These two cadres were however merged by a decision of, the Department of Labour Employment & Training contained in letter no. 3888 dated 18th December, 1973 and only one post of Senior Instructor remained in existence after 1st April, 1973. Pursuant to the decision of the Finance Department, Government of Bihar contained in resolution dated 30th December, 1981, First Time Bound Promotion was granted after completion of stipulated period of 10 years of service of such incumbent upon fulfillment of the conditions laid down therein. The petitioner's husband was granted First Time Bound Promotion on provisional basis vide letter no. 3096 dated 14th August, 1986 w.e.f. 1st April, 1981. It is the case of the petitioner that the said scale was further revised by another letter of Director of Labour & Employment dated 6th August, 1992 being letter no. 2064 in the scale of Rs. 850-1360/-