DUDHESHWAR MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the parties. Petitioner was appointed as Malaria Inspector on 10.9.1961 and later on he was appointed on the post of Lab -Technician on 1.2.1972 at Primary Health Centre, Baliapur in the district of Dhanbad. His pay scale was fixed at Rs. 4500 -7000.00 . Petitioner continuously withdrew salary at the aforesaid pay scale for about 30 years and thereafter, retired on 31.1.2001. It was only after retirement, an objection was raised that his pay scale should have been fixed at Rs. 4000 -6000.00 instead of Rs. 4500 -7000.00 . The scale mentioned herein above are the revised scale which came into effective from 1.1.1996. Consequently, instead of releasing entire pensionary benefits an order has been passed for recovery of the excess amount to the petitioner.

(2.) IN the counter affidavit filed by the State, it is stated that petitioner was wrongly given pay scale of Rs. 4500 -7000.00 . According to the respondents, pay scale of Rs. 4500 -7000.00 is admissible to the Lab -Technician who have passed B.Sc./I.Sc. and holds Diploma of Technician. Petitioner is not Diploma holder because in his service record no entry in this respect has been made and therefore, petitioner is not entitle to the pay scale of Rs. 4500 -7000.00 . For better appreciation relevant paragraphs of the counter affidavit is reproduced here in below :

(3.) MOREOVER , in similar circumstances, this Court disposed of one writ application on 15.4.2004 being WPS No. 2012 of 2004 and held as under :