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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Deepak Roshan, J.
Smt. Khiromani Mahto and ors. – Petitioners
Versus
The State of Jharkhand and ors – Respondents
W.P.(S) No.4932 of 2008
Decided On : 24-02-2021
Constitution of India, 1950 – Retirement from service – Pension - Instant writ application has been preferred by petitioner praying therein for direction upon respondent-State to resend service book and pension paper of petitioner to respondent-Accountant General to fix retrial benefits and pension of petitioner and to issue on basis of last salary drawn in the pay scale now revised in the pay scale - During pendency of this application original-petitioner died and his legal heirs were substituted at his place by order of this Court - Counsel for petitioner submits that the petitioner passed M.A. examination in the year and was granted pay scale while working as B.A. Trained Teacher and was directly recruited as Headmaster. Subsequently vide letter original-petitioner was granted higher scale of M.A. trained and his basic salary was fixed at same was entered into the service book of original petitioner - Salary was again calculated and fixed which was also duly entered in service book – Held, That it is stated and submitted that the petitioner did not fulfill the contention as per said resolution, therefore, the case was again returned by letter with request to resubmit the same after clarification - Relying upon aforesaid statements learned counsel submits that after rectification department sent the papers and thereafter have been issued in favour of petitioner - Having heard learned counsel for the parties and after going through the specific assertion made in paragraph of counter affidavit filed by office of Accountant General it appears that department has granted Headmaster pay scale to petitioner and again department granted senior selection pay scale on same date as such case was returned for rectification - From perusal of schedule-II of resolution of Finance Department it clearly transpires that an employee is entitled for senior selection scale after years of his service and after procuring the required certificate he can be promoted for selection grade pay scale - Meaning thereby to say that when original - Petitioner received senior grade scale then after years he was entitled for selection grade scale as such due to wrong interpretation of circular he withdrew more amount for which he was not entitled – Order accordingly
JUDGMENT :
Heard learned counsel for the parties through V.C.
2. The instant writ application has been preferred by the petitioner-Himanshu Mahto praying therein for a direction upon the respondent-State to resend the service book and the pension paper of the petitioner to the respondent-Accountant General to fix the retiral benefits and pension of the petitioner and to issue the P.P.O. on the basis of last salary drawn in the pay scale of Rs.2200-150-4000, now revised in the pay scale of Rs.7500-175-12000. During pendency of this application; the original-petitioner died and his legal heirs were substituted at his place by the order of this Court.
3. Mr. Lakhan Sharma, learned counsel for the petitioner submits that the petitioner passed M.A. examination in the year 1986 and was granted pay scale of Rs.2000-2300-3500 while working as B.A. Trained Teacher and was directly recruited as Headmaster. Subsequently vide letter No.6022-V (2) dated 08.12.1989, the original-petitioner was granted higher scale of M.A. trained i.e. Rs.2200-4000/-and his basic salary was fixed at Rs.2275 on 01.05.1990, Rs.2350/- on 01.05.1991, Rs.2425/-on 01.05.1992 and the same was entered into the service book of the original petitioner. The salary was again calculated and fixed at Rs. 9500/-on 01.05.2000 and Rs.9750/-on 01.05.2001 and Rs.10,000/-on 01.05.2002 and Rs.10250/-on 01.05.2003 which was also duly entered in the service book.
He further submits that the original-petitioner after completion of 60 years retired from service on 31.03.2008 and 90% Provisional Pension was fixed at Rs.7594/-by the Department and 90% of the Provisional Gratuity to tune of Rs.3,15,000/-was also sanctioned and recommendation was made for issuance of P.P.O and G.P.O. Thereafter, an objection was raised by the Office of Accountant General and the matter was clarified by the District Superintendent of Education. However in-spite of aforesaid clarification, the office of Accountant General again returned the service book and pension paper requesting the District Superintendent of Education (respondent no.4) to remove the anomaly in fixation of pay scale and due to this; last pay drawn was reduced and pension has been reduced for what he was originally entitled.
4. A counter affidavit has been filed in this case by the State wherein at paragraph No.6 (c) it has been stated that as per resolution No.6022 dated 18.12.1989, which is mentioned at serial No.3(Kha) of schedule-II; that after completion of 12 years of service in the pay scale of Rs.2000-3500 (which was granted to the petitioner on 01.05.1990); the petitioner was entitled to get pay scale of Rs.2200-4000, but surprisingly, he was able to get the senior pay sale of the Headmaster w.e.f. 01.05.1990 itself and his pay was fixed at Rs.2275/-and as a result, the original-petitioner has wrongly withdrawn the pay thereafter.
5. Learned counsel for the state contended that from perusal of the extract of the service book of the petitioner it is evident that the original-petitioner has got both the pay scale on same date i.e. pay scale of Headmaster and the senior pay scale of the Headmaster, which was to be granted after 12 years from 01.05.1990 i.e. on 01.05.2002; however, he drew both the pay scale wrongly w.e.f. 01.05.1990 itself; as such, after the query received from the Office of Accountant General, the same was rectified and necessary papers were sent.
6. Mr. S. Srivastava, learned counsel for the Accountant General reiterates his statement made in paragraph Nos. 3, 4 and 5 of the counter affidavit which is quoted herein below:-
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