IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 6072 of 2008
Md. Akbar Ali Ansari ... ... ... Petitioner
Versus
1. The State of Jharkhand
2. The Secretary, Health and Family Welfare, Ranchi
3. The Deputy Commissioner, Godda
4. The Civil SurgeoncumChief Midical Officer, Godda
5. The District Leprosy Eradication Officer incharge, Godda
6. The Area Incharge Medical Officer, Godda
7. The Accountant General, Jharkhand, Ranchi ... ... Respondents
CORAM: HON'BLE MRS. JUSTICE POONAM SRIVASTAV
For the Petitioner : Mr. Purnendu Kumar Jha, Advocate
For the RespondentState : J.C. to Sr. S.C. I
08/14.09.2011
Heard counsel for the petitioner and also counsel appearing on behalf of the
State.
Counter and rejoinder affidavits have been exchanged and as agreed between
the parties, the writ petition is finally decided at the stage of admission.
The instant writ petition is preferred claiming for payment of arrears of
enhanced salary due with effect from 01.08.1993 pursuant to the letter, vide Memo
No. 677/Godda dated 08.06.1994 issued by the Civil SurgeoncumChief Medical
Officer, Godda and also granting him promotion in Junior Selection Grade at the
payscale of 14002600 (a copy of the said order is Annexure 1 to the writ petition)
as well as unutilized leave salary and the benefits of Assured Career Progression.
The grievance of the petitioner is that on the basis of the recommendation of
the 5th revised pay, he was entitled for the enhanced basic salary of 14002600 to
45007000. He was retired on 31.07.2002, but his pension was fixed on the last
drawn salary i.e. without granting the scale of the 5th revised payscale.
Submission on behalf of the State in his counter affidavit is that an order
dated 08.06.1994 was issued with a rider that in the event there is no confirmation
by the Finance Department or it is found at a latter date that the promotion is
somewhat illegal or wrong, in such circumstances, the excess payment on the
promoted post is liable to be recovered.
Needless to say that there was no such information or intimation given to the
petitioner during the course of his employment on the promoted post and there is no
such order of recalling his promotion during the period, he continued to serve the
department.
Counter affidavit has been filed, but neither there is any assertion to this
effect nor there is any document to support this contention.
It is also argued by the petitioner’s counsel that till date, he was never issued
any notice whatsoever and he is not aware whether the order of promotion passed in
his favour has ever been recalled. Thus, the claim of the petitioner that he is entitled
for the pension to be fixed on the revised payscale appears to be fully justified.
There was no departmental proceedings initiated during the course of his
employment, neither the order of promotion was alleged to be passed on
misrepresentation of fraud, therefore, the petitioner cannot be subjected to such high
handedness after his retirement, which he is facing at present.
In view of what has been stated above, I am of the considered opinion that the
petitioner is entitled to get his arrears at the revised payscale provided by 5th Pay
Commission and also pension is liable to be fixed on the payscale as mentioned
aforesaid. The petitioner is being paid his pension on the old payscale which is liable
to be redressed at this stage.
In view of all these circumstances and taking into consideration that the
petitioner has rendered satisfactory service all his life, he is entitled to the benefits
claimed in the instant writ petition. The writ petition is accordingly allowed with a
direction to the respondents that the payscale of the petitioner shall be calculated
and fixed on the basis of the recommendation of the 5th revised Pay Scale and arrears
shall be disbursed to him forthwith. It is also directed that the pension shall be
calculated at the last pay fixed (after making the calculation on the basis of the
revised payscale) and the arrears of pension shall also be disbursed to the petitioner.
The current pension shall be paid on the new scale as well. The respondent is also
directed to pay to the petitioner the amount of unutilized leave salary and the
benefits of the A.C.P.
The respondents’ counsel has made a request that all these exercise of
calculation might consume time, therefore, sometime may be allowed to the
respondents to make calculation and also disburse the payment.
Four months’ time is allowed.
The petitioner is directed to make a detailed representation along with a
certified copy of this order before the concerned authorities of the respondents and,
in turn, the concerned authorities of the respondents shall do the needful, within the
prescribed period of four months.
With the aforesaid observations/directions, the writ petition allowed.
(Poonam Srivastav, J.)
Manish