O R D E R

By Hon’ble Mr. Mohan Pyare, Member (Administrative):

Shri Ashok Kumar, learned counsel for the applicant and Shri Anoop Tiwari, learned counsel for the respondents are present.

2. By means of this OA, the applicant has sought the following reliefs :

(i) to quash the impugned orders dated 15.12.2012, 12.7.2013 and 9.1.2014 (Annexure No.1, 2 & 3 respectively) passed by respondent no.2.

(ii to issue, a direction in the nature of mandamus commanding the respondents to decide the representation/notice dated 4.1.2014 with reasoned and speaking order in a time bound manner.

(iii) to issue, a direction in the nature of mandamus commanding the respondents to implement the order dated 30.12.1990 issued by PTO No.53/10/90 vide respondent no.3 and to make the payment of arrears of salary as well as payment of arrears of pension after calculating the same on the basis of re-fixation of pay accordingly.

(iv) to issue, a direction in the nature of mandamus commanding the respondents to grant benefit of ACP/MACP on due dates to the applicant.

(v) to issue, any other relief which this Hon'ble Court may deem fit and proper under the circumstances of the case.

(vi) to award the cost of the application to the applicant..

3. The brief facts of the case as narrated by the applicant are that the applicant was appointed as Chawkidar on 20.12.1972 and was further promoted to the post of Motor Pump Attendant (MPA) on 06.03.1984 in the pay scale of Rs.260-400/-. After 07 years, the pay of the applicant was reduced to Rs.210-290/- without any notice or opportunity of hearing. In the revised pay scale, the pay of the applicant was fixed in the pay scale of Rs.800-1150/- w.e.f. 01.01.1986. The pay of the applicant in the above scale was fixed at Rs. 905 in PTO No.53/10/90 dated 30.12.1990. It was ordered that the pay of the applicant be fixed in the pay scale of Rs.950-1500/- w.e.f. 06.03.1987, which was although recorded in the Service Book of the applicant but not given effect.

4. The applicant was trade tested for Fitter Grade Mechanic (HS-II) in September, 1995 and declared successful on 08.01.1996 but PTO was issued granting the promotion on 14.05.2007 w.e.f. 20.05.2003 to the post of Fitter Grade Mechanic (HS-II). The applicant continued to work on Motor Pump Attendant from 1984 to 2007, even though, he was promoted w.e.f. 20.05.2003. The applicant was eligible for getting second ACP on 20.12.1996 and 3rd MACP on 01.01.2006 but he was granted 3rd MACP belatedly w.e.f. 01.09.2008. Aggrieved by the above act of the respondents, he represented by an application dated 30.10.2012, which was answered by the respondents vide letter dated 15.12.2012 without taking the relevant facts into consideration. He again represented by letter dated 19.06.2013, which was replied by a letter dated 12.07.2013 without redressing the grievance of the applicant. The applicant also sent legal notice on 04.01.2014, which was replied by a letter dated 09.01.2014 without taking into consideration the relevant facts. The reply in that legal notice is evasive.

5. The applicant has been suffering monetary loss on account of illegal and unjustified action of the respondents, the representation dated 30.12.2012, 19.06.2013 and legal notice dated 09.01.2014 has been decided by an evasive reply and without extending the due benefit, the order passed by the respondents is unreasoned and non speaking, hence this OA.

6. The respondents have refuted the claim of the applicant by filing a counter affidavit and have submitted that the applicant was promoted as Mate MPA w.e.f. 06.03.1984 and was entitled to get salary in the pay scale of Rs.210-290/- but was erroneously granted pay scale of 260-400/-. This fact came into the knowledge of the competent authority and necessary amendment order was passed by the competent authority by a letter dated 15.08.1988. The applicant was erroneously promoted as MPA w.e.f. 06.03.1988 in the pay scale of Rs.260-400/- vide PTO