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2007 DIGILAW 1594 (PAT)

Anil Kumar Singh v. State Of Bihar

2007-09-27

MRIDULA MISHRA

body2007
Judgment 1. Heard counsel for the petitioner and the counsel appearing for Accountant General, Bihar, Patna. No one appears on behalf of the State. 2. The petitioner has superannuated from service on 31.5.1996 from the post of Assistant Superintendent, Physical Education in the Department of Art, Culture and Youth. 3. This application has been filed by the petitioner for a direction to the respondents to pay his arrears of salary arising out of 1st and 2nd time bound promotion. Further prayer of the petitioner is for a direction to the respondents to revise the final pension of the petitioner on enhanced pay scale. 4. Petitioners case is that the Deputy Secretary, Government of Bihar vide Memo No. 422 dated 23.10.1992 sanctioned 1st time bound promotion in the pay scale of Rs. 940 to 1660 and second time bound promotion was allowed to him on the direction of this Court in C.W.J.C. No. 14170 of 2004. In spite of the 1st and second time bound promotion, his salary was not fixed in the revised promotional scale till the date of his superannuation. As the salary of the petitioner has not been fixed in the promotional scale, his pension has also not been fixed. In this circumstances the prayer of the petitioner is for making payment of his arrears of salary in the revised promotional scale and also for fixing his pension in the revised promotional scale. 5. Counter affidavit has been filed on behalf of the state where it has been stated that the first time bound promotion was given to the petitioner with effect 1.4.1981 in the pay scale of Rs. 1800-3330/-. So far second time bound promotion is concerned, it was sent to the Finance Department for approval/confirmation and the Finance Department issued order vide Memo no. 193 dated 29.3.2003 raising objection. Similar objection was raised by Finance Department in cases of others like petitioner. In paragraph-7 of the counter affidavit it has been stated that the order of Finance Department was challenged by similarly situated persons in C.W.J.C. No. 269 of 1996 which is still pending. 6. Counsel for the petitioner submitted that the order passed by the Finance Department was challenged by the similarly situated persons in C.W.J.C. No. 14170 of 2004 and the order of Finance Department reducing the pay scale has been quashed by order dated 13.7.2007. 6. Counsel for the petitioner submitted that the order passed by the Finance Department was challenged by the similarly situated persons in C.W.J.C. No. 14170 of 2004 and the order of Finance Department reducing the pay scale has been quashed by order dated 13.7.2007. Since, the common order issued by Finance Department has been quashed, petitioner is also entitled for fixation of his pay scale in the revised promotional scale. 7. Accountant General has filed counter affidavit stating that the petitioners pension has been fixed in the revised scale and accordingly authority slip has been issued authorizing the petitioner for receiving his pension in the revised scale. 8. Petitioner had replied this and Stated that the authority slip has been issued with regard to the earlier pay scale in its revised scale. 9. No one appears on behalf of the state as such what further developments have taken place has not been informed. 10. Considering the fact that the Finance Department order whereby pay scale of petitioner and similarly situated persons was reduced has already been quashed by this Court in C.W.J.C. No. 14170 of 2004. There is no reason for not making payment of salary in promotional scale and fixing pension in promotional scale. The respondent nos. 4, 5 and 6 are directed to fix petitioners salary and pension in the revised promotional scale which had been allowed to the petitioner on account of grant of second time bound promotion. Respondents are further directed to make payment of arrears of salary and arrears of pension as well as other retirement benefits such as gratuity, leave encashment etc. in the revised promotional scale. The respondents must complete all these exercise within three weeks from the date of receipt/production of a copy of this order. The respondent Accountant General, Bihar, Patna will, thereafter, issue the authority slip on receipt of the sanction order from respondent nos. 3, 4 and 5 within four weeks from the date of receipt of sanction order. 11. Accordingly this application is allowed.