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 D

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