RAMENDRA PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PETITIONER is aggrieved by a communication dated 19th of April, 2002, issued by the Accountant General (A&E;) -II, Bihar and Jharkhand, Patna fixing his pension in the pay -scale of Rs. 4,000 -6,000/ - and also the memo. No. 63 dated 21st May, 2000, whereby amount of Rs. 22,298/ - has been deducted from his gratuity. Accordingly a direction is sought for quashing the recovery memo as also the communication for fixation of the pension in the lower pay -scale and consequential direction for payment of the pensionary benefits in the pay -scale of Rs. 5,000 -8,000/ -.

(2.) BRIEFLY stated sequence of events whereunder petitioner now a retired Government servant earned these promotions and pay -scales is as under: Petitioner joined as Head Clerk -cum -Store Keeper on his appointment on 14th of September, 1966 in the pay scale of Rs. 150 -200/ -in the Office of the Assistant Director of Industries, Quality Marking, Tirhut. He was made permanent on 01st of April, 1974. He was placed in the revised pay -scale of Rs. 580 -860/ - on 01st of April, 1981 and again in the pay -scale of Rs. 680 -965/ - pursuant to the time bound promotion given to him vide letter No. 158 dated 10th of February, 1985. Pay -scale of Rs. 680 -965/ - was replaced by pay -scale of Rs. 730 -1080/ - vide order dated 08th of April, 1987. Thereafter petitioner was promoted in the pay -scale of Rs. 785 -1210/ - with effect from 01.04.1984 vide letter No. 2335/Patna dated 16th of August, 1988. This Pay -scale was again replaced by a scale of Rs. 1400 -2600/ -. On the recommendations of the 6th Pay Revision Commission, pay scale of Rs. 1400 -2600/ - was further replaced by new pay scale of Rs. 4500 -7000/ -. Petitioner continued to draw salary in this pay -scale and retired from service on 31st December, 2000.

(3.) ONLY objection raised by the Accountant General is that the pay -scale of Rs. 4500 -7000/ - was payable only if the post was need -based. This plea is based upon Para. 12 of the Resolution No. 660 dated 08th February, 1999.