BHAGIRATHI MAHATO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this application the petitioner has prayed for issuance of a direction to the respondents to pay arrears of enhancement of salary arising out of the first and second time bound promotion given to the petitioner with effect from 1.4.1981 and 28.8.1990 and also for payment of arrears of dearness allowance from 1.1.1996 in the revised scale of pay pursuant to the recommendation of the Fifth Pay Commission.

(2.) LEARNED counsel for the petitioner submits that the petitioner was in the service of the respondent no. 3 as grain gola Chaukidar and he was granted first time bound promotion from 1.4.1981 under memo no. 918 dated 17.12.1993 and second time bound promotion was also given to him from 28.8.1990 by order contained in memo no. 197 dated 2nd March. 1994. Both the aforesaid orders of time bound promotion was passed by the Deputy Director, Welfare, South Chotanagpur Division. Ranchi. However, the petitioner was not given enhanced salary out of first and second time bound promotion. Furthermore pursuant to the recommendation of the Fifth Pay Commission he has not been paid the arrears of revision of scale even after his superannuation from service on 30.4.2000.

(3.) ON the other hand. counter affidavit has been filed on behalf of respondent no. 3 wherein it has been stated by respondent no. 3 that the dues as claimed by the petitioner are, in fact, payable to him, except the dues in respect of arrears of salary subsequent to first time bound promotion and further, that though bills for the corresponding amount had been raised and forwarded by respondent no, 3 but payment could not be released because of the objection raised by the Treasury.