BIRENDRA KUMAR SINHA Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal arises out of the order dated 5th January, 2017 passed in W.P. (S) No.6501 of 2011 by which the prayer of appellant was rejected. In the writ application, prayers of appellant were to fix his pension taking into account his correct length of service and to pay the arrears of first, second and third financial up-gradation under scheme of Assured Carrier Progression and consequently claimed arrears of pension, post retiral benefits with statutory and penal interest.

(2.) The short fact of the case is that the appellant was appointed and joined as Chain-Man (Janjir Wahak) on 30th July, 1974 and thereafter he was appointed and joined as Junior Account Clerk on 9th March, 1980 in Rural Works Department (previously known as Rural Engineering Organization) at Jamshedpur Division, East Singhbhum. After rendering long length of service, he superannuated on 31st December, 2006 as Accounts Clerk from Jamshedpur Division of Rural Works Department. The respondents settled his pensionary benefits by paying his Government Provident Fund, Group Insurance amount, part of gratuity as per 5th Pay Revision Commission (old scale) and part of leave encashment as per 5th Pay Revision Commission (old scale). The further case is that the respondents have not calculated and paid the correct pension and have not paid arrear and benefits of first, second and third financial up-gradation under Assured Carrier Progression from 9th August, 1999 and 30th July, 2004. The respondents have not paid the arrear of pay revision, gratuity and part of leave encashment as recommended by 6th Pay Revision Commission w.e.f. 1st January, 2006.

(3.) Learned counsel for the appellant submitted that one of his colleague Saryug Prasad, Account Clerk, Works Division, Work Circle, Chaibasa approached this Court in W.P.(S) No.5579 of 2010 claiming the same benefits of financial up-gradation under Assured Carrier Progression scheme and this Court allowed and directed to pay benefits of financial up- gradation, and the case of this appellant stands on similar footing. He further submitted that the respondent no. 8, Accountant General, Jharkhand fixed the pension of the appellant in lower pay scale/salary and fixed the pension and gratuity without considering the service length of appellant from 30th July, 1974 to 31st December, 2006. It is also submitted that respondents have not fixed and paid the benefits of first and second financial up- gradation under Assured Carrier Progression scheme from 9th August, 1999 as well as third financial up-gradation from 30th July 2004 in the pay scale of Rs.5000-Rs.8000, Rs.5500-Rs.9000, Rs. 6500-Rs.10500. The respondents have not taken into account the recommendation of 6th Pay Revision Commission in the new revised pay scale of Rs.9300-Rs.34800/-+ Grade Pay Rs.4200/-.