- (1.) THE present writ petition is directed against the order dated 23.9.2012, passed by Additional Director (Treasuries and Pension), Vindyanchal Division, Mirzapur as well as the order dated 21.11.2012, passed by Executive Engineer, Bandhi Division -II, Robertsganj, Sonbhadra, which are contained in Annexure -1 & 2 to the present writ petition. A further prayer has been made to revise the pension as determined under order dated 11.12.2012, ignoring the order dated 23.9.2012 and 21.11.2012. The orders under challenge have been passed after the petitioner had superannuated on 30.6.2012 and his claim for fixation of pension etc. was being processed.
(2.) PETITIONER was appointed as Seenchpal in Irrigation Department of the State on 28.8.1977. He was promoted as Seench Paryavekshak on 1.9.1985. Petitioner was thereafter was promoted as Ziledar on 7.3.2003, which post he continued to hold till he superannuated on 30.6.2012. Petitioner was granted third promotional pay -scale w.e.f. 1.12.2008, in accordance with the scheme for Assured Career Progression (hereinafter referred to as ACP) instituted by the State Government vide relevant government orders.
(3.) AFTER the petitioner retired on 30.6.2012, papers were forwarded by the concerned officers of the department for determination of his pension. The Additional Director (Treasuries and Pension), Vindyanchal Division, Mirzapur, examined the pension papers of the petitioner, forwarded to him. He noticed the provisions of the ACP scheme and observed that grant of third promotional pay -scale upon completion of 26 years of service to the petitioner was unauthorized, inasmuch as the promotion of the petitioner to the post of Ziledar was on 7.3.2003 and treating it to be a post of direct recruitment, the first promotional pay -scale could be accorded to petitioner upon completion of 10 years of service, which would fall due on 7.3.2013. In such circumstances, direction was issued to redetermine the pay of the petitioner and in case, it was found defective, recovery be inflicted against the petitioner. The Additional Director consequently remitted the matter to the Executive Engineer for making appropriate amendments in the service records and for its transmission thereafter to him for processing the claim of pension. The Executive Engineer redetermined the salary of the petitioner by omitting the benefit of third promotional pay -scale granted to petitioner and remitted the pension papers back to the Additional Director. Consequently, the Additional Director passed a consequential order dated 11.12.2012 withholding a sum of Rs.3,59,974/ - as extra payment made to the petitioner. The petitioner being aggrieved has filed the present writ petition. I have heard Sri Ashok Khare, learned Senior Advocate, assisted by Sri Siddharth Khare for the petitioner and learned Standing Counsel for the State respondents and have perused the records.;