VIDHYA PATI ARYA Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-12-36
HIGH COURT OF UTTARAKHAND
Decided on December 20,2013

Vidhya Pati Arya Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

Alok Singh, J. - (1.) PETITIONER was working as Assistant Development Officer. Petitioner took voluntary retirement on 30.06.2005. State Government issued a G.O. dated 25.08.2006 directing that employee on completion of 24 years of satisfactory service, shall be paid revised pay scale of 8000 -275 -13500. The grievance of the petitioner is that petitioner should also be awarded revised pay scale of 8000 -275 -13500 as directed by the State Government vide G.O. dated 25.08.2006 and his pension should be computed afresh and he should be paid arrears of the revised pay scale as well as arrears of the re -computed pension as per the G.O. dated 25.08.2006.
(2.) MR . Rawat, learned counsel appearing for the petitioner contends that case of the petitioner for enhance salary and enhance pension has already been recommended by his seniors to the Government, therefore, petitioner is entitled for the same. Present petition is filed on 05.06.2009. As per Article 7 of the Indian Limitation Act, wages can be recovered within three years from the date wages accrue due. As per the claim of the petitioner, enhanced wages were made payable or accrued in 2006, therefore, claim of the petitioner on the face of it is time barred.
(3.) UNDISPUTEDLY , petitioner stood retired on 30.06.2005 much prior to the G.O. dated 25.08.2006 came into existence. Therefore, in my humble opinion, G.O. dated 25.08.2006 shall be applicable to those employees who were in service on 25.08.2006. Since petitioner was not in service when G.O. was issued, therefore, petitioner cannot be given benefit of the G.O.;


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