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2006 DIGILAW 164 (JHR)

Prem Shankar v. State Of Jharkhand

2006-02-28

SUDHANSU JYOTI MUKHOPADHAYA

body2006
JUDGMENT S.J. Mukhopadhaya, J. 1. The petitioner, a senior citizen aged about 74 years, who retired from the services of the State on 30th June, 1989, has preferred this writ petition for a direction on the respondents to fix his pension property. According to him, his pension should have been fixed at Rs. 7,150/- in place of Rs. 6,000/- with effect from 1st January, 1996 and Rs. 14,300-18,300/- in Super Time Scale, which was the revised scale of the original pay scale of Rs. 4,100-5,300/- of the post from which he superannuated. 2. Learned Counsel for the petitioner referred to Notification No. 3824 dated 17th April, 1993, issued by the then State of Bihar under the orders of the Governor of the State. It appears that the petitioner had earlier moved before Ranchi Bench of Patna High Court for grant of certain benefits, wherein, certain directions were issued. The order of the Court not having been complied with, contempt petition being M.J.C. No. 1 of 1990 was filed, wherein, certain orders were passed. In spite of such direction, the order of the High Court not having been complied with, second contempt petition being M.J.C. No. 60 of 1992 was filed and only thereafter, the respondent, the then State of Bihar, issued Notification No. 3824 dated 17th April, 1993, allowing the petitioner the benefits of Super Time Scale of Rs. 4,100-5,300/- with effect from 1st May, 1989 to 30th June, 1989 with all financial benefits. It was submitted that after much persuasion and the order, passed in the contempt proceedings, though Notification No. 3824 dated 17th April, 1993 was issued, actual consequential monetary benefits were not given by fixing the pay of the petitioner in Super Time Scale of Rs. 4,100-5,300/- (revised to Rs. 14,300-18,300/-), which also resulted in wrong fixation of pension in the lower scale of pay. 3. Learned Counsel appearing on behalf of the Accountant General, Bihar, submitted that in absence of any information, given by the concerned department of the State, the Accountant General is not in a position to fix the pay and pension of the petitioner in the revised Accountant has been deputed and the Secretary-cum-Commissioner, Agriculture Department, Government of Bihar, Patna, was requested by letter dated 14th September, 2000 to forward the details for appropriate action, no steps have been taken by the State. 4. 4. The 4th respondent, State of Bihar, while taking plea that the petitioner was entitled for the revised pay scale of Rs. 12,000-16,500/-with effect from 1st January, 1996, has stated that his pension was rightly fixed at Rs. 6,000/- per month. Such, stand has been taken on the presumption that the Selection Grade promotion has been abolished with effect from January, 1996, as pleaded at paragraph No. 14 to its counter affidavit. The stand, taken by the State of Bihar, can not be accepted, being not based on the facts and law. 5. Time Bound Promotion Scheme was framed by the State vide Finance Departments Resolution No. 10770 dated 30th December, 1981. which came into effect with effect from 1st April, 1981. Subsequently, the scheme for grant of Time Bound Promotion was taken, away vide Resolution No. 3M-2-5-VE- PU-01/99-660/(F/2) dated 8th February, 1999 with a condition that a separate scheme may be framed. 6. So far as the petitioner is concerned, he was given promotion in the Super Time Scale of Rs. 4,100-5,300/- with effect from 1st May, 1989 vide Notification No. 3824 dated 17th April, 1993, issued by the then State of Bihar. There is nothing on the record to suggest that the said promotion was given by way of Time Bound promotion and thereby merged with the revision of pay, as made effective with effect from 1st January, 1996. Thus, the respondents cannot take away the benefits of Super Time Scale, granted to the petitioner, by mere denying the same by Filing counter affidavit and, as such, they are bound to fix the pension of the petitioner, taking into consideration the Super Time Scale of Rs. 4,100-5,300/-, as was allowed with effect from 1st May, 1989 vide Notification No. 3824 dated 17th April, 1993. 7. Having regard to the facts and circumstances, the case is remitted to the respondent Secretary-cum-Commissioner, Agriculture Department, Govt. of Bihar, Patna and the Accountant General, Bihar to take immediate steps for fixing the pension of the petitioner, taking into consideration the Notification of promotion i.e. Notification No. 3824 dated 17th April 1993 and to pay him the arrears, on proper May, 1993 within a period of two months from the date of receipt/production of a copy of this order. 8. Further, taking into consideration the age of the petitioner and the harassment, meted out to him, a cost of Rs. 8. Further, taking into consideration the age of the petitioner and the harassment, meted out to him, a cost of Rs. 20,000/- (Rupees twenty thousand) is ordered to be paid by the State of Bihar in favour of the petitioner within the aforesaid period. 9. The writ petition is allowed with the aforesaid observations and directions.