JUDGMENT
Prasun Kumar Deb, J.
1. Heard Mr, R.C. Khatri, appearing for and on behalf of the petitioner and heard also J.C. to S.C.I, for the respondents.
2. The petitioner’s grievance is that the he has not been fixed his pay scale although he has retired on 30.11.1996, hence this writ application.
3. In the counter-affidavit, filed on behalf of the respondents No. 1 to 4, a plea has been taken that on previous occasion in the year 1971-73, there was a proceeding against the petitioner and he was put under suspension and that the petitioner I had not passed Hindi Noting and Drafting Examination (hereinafter to be referred to as ‘the said examination’) and as such he cannot be given proper increment and proper pay scale. It appears from the order contained in Annexure 1 dated 24.1.1972 that suspension order has been withdrawn long back and by Annexure 1, there was an order for making payment to the petitioner all his salary during the period of suspension period but till and date that payment has not been made. Moreover, from Annexures 3 and 3/A, it appears that the immediate controlling officer of the petitioner had already recommended for exemption of passing of the said examination in the year 1992 itself after the petitioner had completed fifty years of age but no order had been passed by the authorities concerned recommendations and now, at the belated stage, a plea has been taken that no proper scale of pay be given to the petitioner as he had not passed the said examination. From the Circular of 1978 and its clarification given afterwards, it is clear that after the employee attained the age of fifty years and could not be able to pass the said examination but of his other service record are regular and proper, then it remains the discretion of the employer to exempt him from passing the said examination.
4. It appears that the petitioner had appeared several times for passing those examinations but he could not be successful when he attempted and when he attempted and when he attained the age of fifty years, his immediate controlling officer had made recommendations for exemptions of passing of the said examination but now after the petitioner had attained the age of retirement and when he had claimed for fixation of proper pay scale, this plea had been taken.
5. It has been submitted on behalf of the petitioner that when the recommendations had been made by the immediate controlling officer of the petitioner and those have been made available to the respondents concerned, but no order has been passed by the employer at the proper and relevant time, the fault does not lie with the petitioner. When proper recommendation is there by the immediate controlling officer of the petitioner then the employer or the concerned authority was duty bound to pass final order on it and when such order had not been passed and silence has been maintained for a such long period, it can be inferred that exemption has been granted on the principle of Moreover, long back in the year 1972, order was passed to give salary to the petitioner for the suspension period as per the order contained in Annexure-1, but that has also not been done. This shows the apathy of the respondents towards its employee.
6. For the reasons aforesaid, this “writ petition is allowed and the respondents No. 1, 3 and 4 are hereby directed fix the proper pay scale which the petitioner was entitled to on the date of his retirement and prior to that step by step and then process his retirement benefits, pension fixation within two months next from the date of presentation of a copy of this order from the side of the petitioner. The previous salary during the period of suspension period must be paid to the petitioner with interest at the rate of 18 per cent per annum from the date of accrual till the date of payment. As regards other monetary benefits i.e. fixation of pay scale step-wise then the difference of salary, the same must also be made available to the petitioner within three months next and if the same is not paid within the time framed , the petitioner will be entitled to pay interest at the rate of 12 per cent per annum. The retrial benefits must also be made available to the petitioner within, four months next from the date of presentation of a copy of the order after making all formalities within the time framed i.e. two months next otherwise the petitioner shall be entitled for interest from the date of accrual till the date of payment at the rate specified above.