Long-standing pay fixation and in-charge promotions cannot be retrospectively disturbed post-retirement without fraud, notice, or statutory authority.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: -

a) “allow the instant Original Application;

b) quash impugned communication bearing No. PNRJ -3/S-5/2023-24/2128-29 dated 09.12.2023 addressed by respondent no. 3 to respondent no. 2 whereby and whereunder, it has been conveyed by respondent no. 3 to respondent no. 2 that the initial pay of the applicant was wrongly fixed @Rs. 2240 in the pay scale of 1760-3200 instead of @Rs.1720 in the pay scale of 1400-2300 and accordingly the respondent no. 2 was requested to regulate the pay of the applicant correctly and also to the extent, the respondent no. 3 has wrongly authorized the pension of the applicant in the pay scale 1400-2300 w.e.f date of his initial appointment instead of 1760-3200 w.e.f the date of his initial appointment and also to the extent it withholds the gratuity of the applicant;

c) quash the PPO No. 11232182977 dated 29.11.2023 issued by respondent no. 3 in favour of the applicant, inasmuch as the pension of the applicant has been wrongly authorized by treating the initial pay scale of the applicant as 1400-2300 instead of 1760-3200;

d) direct the respondent no. 3 to fix the pension of the applicant as per the initial pay @ Rs. 2240 in the pay scale of 1760-3200 at the time of initial appointment of the applicant instead of @Rs. 1720 in the pay scale of 1400-2300 and to accordingly fix and release the pension of the applicant as per the last pay drawn by the applicant at the time of his superannuation by issuing a revised pension payment order;

e) direct the respondent no. 3 to immediately and forthwith release the amount of gratuity illegally withheld by respondent no. 3;

f) direct the respondent no. 1 & 2 to regularize/confirm the promotion of the applicant as Assistant Engineer w.e.f. 28.12.2001 and to release the arrears of pay scale attached to the post of Assistant Engineer w.e.f. 28.12.2001 till the time the applicant was promoted as I/c Assistant Executive Engineer i.e.upto 15.12.2007;

g) direct the respondent no. 1 & 2 to regularize/confirm the promotion of the applicant as Assistant Executive Engineer w.e.f. 15.10.2007 and to release the arrears of the pay scale attached to the post of Assistant Executive Engineer w.e.f. 15.10.2007 till the time the applicant was promoted as I/c Executive Engineer i.e. upto 02.09.2014;

h) direct the respondent no. 1 & 2 to regularize/confirm the promotion of the applicant as Executive Engineer w.e.f. 02.09.2014 and to release the arrear of pay scale attached to the post of Executive Engineer w.e.f. 02.09.2014 till the superannuation of the applicant i.e. 30.09.2023;

i) ANY other order or direction which this Hon'ble Court may deem fit or proper in the facts and circumstances of the case;

2. The facts of the case as averred by the applicant in his pleadings, are as follows: -

a) The applicant, a degree-holder Junior Engineer of the Public Works (R&B) Department, entered service pursuant to Government Order No. 331-EW of 1993 dated 15.06.1993. At the time of his appointment, the service conditions of Junior Engineers were governed by the J&K Civil Services (Revised Pay) Rules, 1992, read with earlier Pay Rules and departmental provisions applicable to Engineering Departments. Under the said framework, Junior Engineers appointed after the coming into force of the 1992 Pay R