1. The petitioner was appointed as Helper in the pay scale of Rs. 345-460 with effect from 25th Oct. 1985. He was Matriculate and acquired ITI Diploma in the trade of Electrician in Feb. 1995. He retired on superannuation on 1-12-2008 as Electrician. His employer processed his case for payment of post retrial benefits.

2. Respondent-5 vide communication dated 4.4.2011 raised objection about fixation of the stepping up of the pay of the petitioner in the year 2005 in the pay scale of Rs. 1400-2600 (pre-revised) fixed retrospectively from 1-2-1995, and request was made to the Chief Engineer Electric Maintt. & RE Wing, FDD Jammu to examine the whole issue and fix the pay of the petitioner so as to enable respondent-5 to recover the excess pay drawn from the gratuity amount of the petitioner. It is this communication which is called in question in this petition, primarily on the basis of Government instruction appended to Article 242 of the Civil Service Regulations.

3. The respondents have filed objections.

4. Learned counsel for the petitioner submitted that the petitioner was entitled to be placed on higher pay scale of Rs. 1400-2600 (pre-revised) from 1-2-1995 as he had acquired ITI Diploma in the Trade of Electrician in the year 1995. It is submitted that in view of Government instruction appended to article 242 of CSR, the respon#31;dents more particularly respondent-5 is neither having authority nor power to travel and look into the service record of the petitioner beyond the period of 24 months from the date of retirement. Learned counsel, accordingly, prayed for allowing the writ petition.

5. Learned counsel appearing for respodent-5 submitted that the grant of higher pay scale of Rs.1400-2600 (pre-revised) was not authorized by competent authority in terms of the Government instruction 4 appended to article 77 (B), and the stepping up of the pay scale could be ordered by the concerned Administrative Department with agreement of the General Department. Learned counsel submit#31;ted that there being non-compliance with the above government instruction, the petitioner is not entitled to receive salary in the higher pay scale with effect from 1-2-1995 and his pay for the purpose of payment of retiral benefits has been rightly fixed by the respondents. Learned counsel submitted that the Government instruc#31;tion appended to article 242 of the CSR is to be read in conjunction with Government instruction-4 appended to article 77 (B) of the CSR.

6. Learned counsel for the respondents-1 to 4 submitted that in pursuance of communication dated 4.4.2011, the pay has been re-fixed and it is on that basis the Pension Payment Order has been issued by respondent-5.

7. The Government instruction appended to article 242 CSR has definite meaning and purpose. When the employee's pay is fixed in a higher pay scale by employer at a particular point of time and which fixation is done not by employing fraudulent means by the employee, the employee and his family members get tuned to the salary and run its day to day affairs on the basis of salary being paid to him. The petitioner, has been continued in service and fixed in a particular scale and was allowed to retire on superannuation without affecting any change in the pay scale or reducing the pay scale or by correcting the earlier orders, passed for higher pay fixation. If the employer or authority who has to sanction the post retiral benefits, would be allowed to have a relook into benefits which have been given to the employee at earlier point of time, then it is bound to adversely affect not only the employee himself but his. family members as well. The rule making authority in its wisdom has, thus, authorized for looking into the correctness of the emoluments paid to the retired employee only to the extent of 24 months from the date of his retirement on superannuation, so as to ensure that at the time when he retires on superannuation, he is not made to suffer alongwith his family members.

8.

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