VISHWANATH RAM Vs. GENERAL MANAGER OBRA THERMAL STATION; A A T P S U P RAJYA VIDYUT UTPADAN NIGAM LTD
LAWS(ALL)-2007-2-222
HIGH COURT OF ALLAHABAD
Decided on February 23,2007

VISHWANATH RAM Appellant
VERSUS
GENERAL MANAGER OBRA THERMAL STATION; A A T P S U P RAJYA VIDYUT UTPADAN NIGAM LTD Respondents

JUDGEMENT

- (1.) RAKESH Tiwari, J. List has been revised. None has appeared for the respondents. Heard Sri K. S. Ojha, Counsel for the petitioner.
(2.) THIS writ petition has been filed for issuance of a writ, order or direction in the nature of certiorari for quashing the impugned order dated 7-3-2006 in pursuance of the order dated 12-10-2004 passed by respondent No. 4. It has further been prayed that a writ of mandamus be issued commanding the respondents to act in accordance with law and reaffirm prior pay scale of Rs. 9,700/-per month and pay the entire post retiral benefits in pursuance of the order dated 19-11-1997 with 15% interest to the petitioner. Brief facts of the case are that the petitioner was appointed on the post of Operator II in the year 1968 in Obra Thermal Power Plant Obra, District Sonbhadra and was regularized as permanent employee in fuel Handling Division 1 Obra Thermal 'a' Power Station Obra, Sonbhadra on 15-5-1971. Thereafter he was promoted on the post of Operator I grade in the year 1981. His pay scale was reduced and refixed as Rs. 2,630. The petitioner retired from service on 29-2-2004 and at the time of retirement he was getting salary of Rs. 9,700 per month. It is alleged by the petitioner that the respondent-authorities have wrongly and illegally reduced and refixed the salary of the petitioner as Rs. 9,500 in place of Rs. 9,700 per month and accordingly computed all post retiral benefits on the basis of fixation of Rs. 9,500. The respondents have passed the pension order vide order dated 12-10-2004 by fixing pension as Rs. 4,679 but they have started deducting Rs. 1,871 from the monthly pension of the petitioner without paying the gratuity and Rashi Karan amount.
(3.) IT is further alleged by the petitioner that he had made representation alongwith reminders on 11-3- 2005, 20-5-2005 and 27-7-2005 in this regard to the authorities concerned but to no avail. Then petitioner filed Civil Misc. Writ Petition No. 58881 of 2005. It is stated that this Court vide order dated 23-1-2006 directed the respondents to decide the aforesaid representation within a time bound frame and further directed the respondents to pay the admitted post retiral dues of the petitioner.;


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