Policy decisions issued via formal government resolutions under constitutional executive business rules prevail over individual administrative correspondence. Compensation and pay scale claims must be strictly governed by the official policy in force during the tenure of the employee, precluding the retrospective application of non-existent hierarchical rules.

JUDGMENT :

SUJIT NARAYAN PRASAD, J.

1. At the outset, it is pertinent to record that during the pendency of the instant writ petition, the original writ petitioner, namely Krishna Kumar Singh, expired. Consequent thereto, by order dated 10.08.2021 passed in I.A. No. 6581 of 2019, this Court directed the substitution of his wife, Ruma Singh, in place of the deceased writ petitioner. For the sake of convenience, the writ petitioner shall hereinafter be construed as the original writ petitioner.

2. The instant writ petition has been filed under Article 226 of the Constitution of India praying therein for the following reliefs:

(i) For issuance of a writ(s)/order(s)/direction(s) or a writ especially in the nature of mandamus for commanding upon the respondents to pay the monetary benefits of stagnation increments with effect from 01.01.1998 instead of w.e.f. 15.09.2000 while considering the fact that after retirement the notional benefit of stagnation increment was granted to the petitioner vide office order contained in memo no 259 dated 24.04.2012 since 01.01.1998 but monetary benefit has been granted from 15.09.2000.

(ii) Further prays for issuance of a writ(s)/order(s)/direction(s) or especially a writ in the nature of certiorari to quash the reasoned order contained in memo 1631 dated 09.07.2015 to the extent of that portion whereby and whereunder the benefit of second ACP has been given to the petitioner in pay scale of 5500-9000 instead of pay scale of 6500-10500 and to revise, fix and pay the benefits of second ACP in pay scale of 6500-200-10500 instead of pay scale of 5500-9000 while considering the fact that the petitioner's pay scale would be upgraded within promotional hierarchy of post of his cadre to which the petitioner belongs to as per the scheme of ACP vide resolution 5207 dated 14.08.2002.

(iii) Consequent upon giving the benefits of second ACP in the pay scale of 6500-200-10500 the petitioner further prays to revise and fix the pay scale of the petitioner in view of recommendation of 6th pay commission and thereafter in view of scheme of 3rd MACP and pay the difference of arrear of salary to the petitioner from 01.01.1998 to 31.01.2009 (date of retirement) with statutory and penal interest.

(iv) Further prays to set aside the calculation chart prepared on 02.02.2016 by the then Principal in charge whereby the respondent authority has advertently submitted that the petitioner was drawing salary in basic pay which starts from 7250/- whereas the petitioner was getting his salary in basic pay of 7000/- from 1997 to till his retirement i.e 31.01.2009 and pass/give order (s)/ direction(s) to the respondent authority to prepare afresh calculation chart as per the legally entitlement of the petitioner.

(v) The petitioner further prays to revise and re-fix the pension of the petitioner after taking into consideration of scheme of second ACP, 6th pay commission and 3rd MACP and to pay the difference of arrear of pension to the petitioner from 31.01.2009(date of retirement) to till now with statutory and penal interest.

(vi) For issuance of an appropriate writ(s)/ order(s)/direction(s) for commanding upon the respondents to pay the amount of Rs. 8,750/- with respect to two bills dated 27.03.2004 which was paid by the petitioner for the work of repair and maintenance