PREM SHANKAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner, a senior citizen aged about 74 years, who retired from the services of the State on 30th June, 1989, has preferred this writ petition for a direction on the respondents to fix his pension property. According to him, his pension should have been fixed at Rs. 7,150/ - in place of Rs. 6,000/ - with effect from 1st January, 1996 and Rs. 14,300 -18,300/ - in Super Time Scale, which was the revised scale of the original pay scale of Rs. 4,100 -5,300/ - of the post from which he superannuated.

(2.) LEARNED Counsel for the petitioner referred to Notification No. 3824 dated 17th April, 1993, issued by the then State of Bihar under the orders of the Governor of the State. It appears that the petitioner had earlier moved before Ranchi Bench of Patna High Court for grant of certain benefits, wherein, certain directions were issued. The order of the Court not having been complied with, contempt petition being M.J.C. No. 1 of 1990 was filed, wherein, certain orders were passed. In spite of such direction, the order of the High Court not having been complied with, second contempt petition being M.J.C. No. 60 of 1992 was filed and only thereafter, the respondent, the then State of Bihar, issued Notification No. 3824 dated 17th April, 1993, allowing the petitioner the benefits of Super Time Scale of Rs. 4,100 -5,300/ - with effect from 1st May, 1989 to 30th June, 1989 with all financial benefits. It was submitted that after much persuasion and the order, passed in the contempt proceedings, though Notification No. 3824 dated 17th April, 1993 was issued, actual consequential monetary benefits were not given by fixing the pay of the petitioner in Super Time Scale of Rs. 4,100 -5,300/ - (revised to Rs. 14,300 -18,300/ -), which also resulted in wrong fixation of pension in the lower scale of pay.

(3.) THE 4th respondent, State of Bihar, while taking plea that the petitioner was entitled for the revised pay scale of Rs. 12,000 -16,500/ -with effect from 1st January, 1996, has stated that his pension was rightly fixed at Rs. 6,000/ - per month. Such, stand has been taken on the presumption that the Selection Grade promotion has been abolished with effect from January, 1996, as pleaded at paragraph No. 14 to its counter affidavit. The stand, taken by the State of Bihar, can not be accepted, being not based on the facts and law.