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Jharkhand High Court · body

2013 DIGILAW 1023 (JHR)

Sobran Gope v. State of Jharkhand

2013-09-05

APARESH KUMAR SINGH

body2013
ORDER 1. Heard counsel for the parties. 2. Petitioner has approached this Court in the present writ application seeking salary for the period from 31.12.2007 to 31.1.2010 by alleging that he has been illegally retired on 31.12.2007 by virtue of letter dated 13.11.2007 issued by the respondent No. 5, the Executive Engineer, Road Construction Department. He also seeks payment of salary of first and second time bound promotion i.e. w.e.f. 1978 and 1983 with ACP and MACP. He also seeks fixation of salary w.e.f. 1.1.1986, 1.1.1996 and 1.1.2006 as per Pay Revision implemented from time to time, fixation of pension and gratuity on the basis of revision in salary and also to pay arrear amount of the said salary with statutory interest. 3. It is the case of the petitioner that he entered government service as Path-Mate under the Superintending Engineer, Road Construction Department. He has been made to retire on 31.12.2007 by the letter dated 13.11.2007. It is the contention of the petitioner that he was appointed on 1.3.1968 and has been regularly working as Path-Mate since 1.7.1971. It is the contention of the petitioner that no time bound promotion was given nor salary was fixed in the revised scale in respect of pay revision implemented by the State Government. He has therefore approached this Court as the respondents have not taken any steps for redressal of his grievances. It is alleged on behalf of the petitioner that he had made an application under the R.T.I after his retirement for providing photo copy of his service sheet in which his date of birth is recorded as 22.12.1947. He has subsequently produced the certificate of Date of Birth that is contained in School Transfer Certificate issued by the Head Master, K.C. Middle School, Banari, Gumla in the year 1997 (Annexure-5). In such circumstances, the respondents according to the petitioner have not acted properly in retiring him before actual date of retirement in December, 2009. 4. Respondents have stated in the counter affidavit that the petitioner has raised the dispute in relation to his date of birth for the first time after his retirement which is not permissible in law. He has retired from service after attaining the age of 60 years as per his age recorded as 22.11.1947 in the G.P.F record. 4. Respondents have stated in the counter affidavit that the petitioner has raised the dispute in relation to his date of birth for the first time after his retirement which is not permissible in law. He has retired from service after attaining the age of 60 years as per his age recorded as 22.11.1947 in the G.P.F record. The said date of birth has been confirmed by the petitioner by putting his signature on 28.8.1990(Annexure-A to the counter affidavit). After 4 years of retirement he has produced the School Transfer Certificate in which his date of birth is recorded as 15.1.1950. The said certificate has been issued on 24.2.1997. The same cannot be accepted as it has been issued in the year 1997 much after the petitioner entered into service. Petitioner was also asked to show cause the circumstances under which the said document which apparently is forged has been filed. It is further submitted that so far as the contention of the petitioner relating to time bound promotion is concerned, it is stated in para 13 that his pay has been fixed in the scale of 375-480 as on 1.4.1981 at Rs. 425/-. His salary was again revised w.e.f. 1.1.1986 at Rs. 890/- in view of the resolution dated 18.12.1989 in the pay scale of Rs. 800-1150. This was again revised on 1.1.1996 in the scale of 2650-4000 and pay was fixed at Rs. 3235/-. Thus after granting the first and second time bound promotion his salary has been revised in 5th and 6th pay scale as per Annexure-C. In such circumstances, it is further submitted that his salary has further been revised in view of the 6th Pay Revision vide memo dated 19.3.2008 and same is payable since 1.1.2007(Annexure-E). The service book of the petitioner has been re-casted and sent to the District Accounts Officer, Gumla vide letter dated 24.4.2012 for verification and after it is verified it will be sent to the Office of Accountant General for fixation of final pension. In such circumstances, learned counsel for the respondents submitted that as the admitted post retirement dues based upon proper calculation of pay scale has been done by the Respondents, the petitioner is not entitled to any correction of date of birth on the basis of certificate issued in the year 1997 that too submitted after 4 years of retirement. 5. In such circumstances, learned counsel for the respondents submitted that as the admitted post retirement dues based upon proper calculation of pay scale has been done by the Respondents, the petitioner is not entitled to any correction of date of birth on the basis of certificate issued in the year 1997 that too submitted after 4 years of retirement. 5. I have heard counsel for the parties and gone through the relevant materials on record. The facts which have been narrated herein above and borne out from the pleadings indicate that petitioner has superannuated on 31.12.2007 after reaching the age of 60 years reckoning his date of birth as 22.12.1947, which has been recorded in the record of G.P.F. accounts. The service book has been re-casted thereafter. Petitioner has produced a School Transfer Certificate issued in the year 1997 in which date of birth is shown as 15.1.1950 which obviously cannot be relied upon as the same has been issued about 10 years before retirement and submitted before the respondents 4 years after the retirement on 19.5.2011. The respondents on the other hand have given the details of the pay fixation of the petitioner under different pay revision after grant of first and second time bound promotion. The sanction letter fixing the scale of pay under the 6th pay revision been sent for verification to the District Treasury Officer for needful. In these circumstances, therefore the grievances of the petitioner relating to the date of birth cannot be allowed to be raised after the end of his service. So far as other grievances are concerned they have been duly considered by the respondents and the matter has been sent to the District Treasury Officer for verification so that it may be sent to the office of Accountant General for fixation of final pension. In such circumstances, verification by the District Treasury Officer be done without any further delay within a period of 12 weeks from the receipt of the copy of this order and the authority slip may also be issued by the Accountant General immediately, thereafter, if there are no legal impediments. The writ petition is disposed of in the aforesaid terms.