- (1.) Petitioner was initially appointed as a Junior Clerk in Shri Rajaram Inter College, Jhalokar, District Hamirpur. He joined on 22.7.1971 and his services are said to have been confirmed on 23rd July, 1972. According to petitioner he was promoted to the post of Head Clerk on 9.2.1979 and he retired on 30th June, 2010. During the service tenure of petitioner, he was granted only one promotion from the post of Junior Clerk to Head Clerk. The dispute raised in the present writ petition is with regard to determination of pay scale admissible to petitioner and consequential fixation of his pay and pension.
(2.) It appears that on the eve of petitioner's superannuation, a letter was sent by the Deputy Director of Education to the District Inspector of Schools, Hamirpur on 14th June, 2010, wherein a reference is made to a Government Order dated 24th October, 2007. According to this letter the grant of second promotional pay scale in the scale of Rs.5000-8000 was not as per law, and therefore the matter be got examined. The Inspector in pursuance to the direction of the Deputy Director of Education dated 14.6.2010 forwarded the matter to the institution for necessary clarification. The institution clarified that placement of petitioner in the pay scale of Rs.5000-8000 w.e.f. 1st March, 2000 was as per the Government Order and there was no error in it. Apparently this explanation was accepted by the Inspector and the petitioner's pay scale was accordingly determined. Pension etc. was also sanctioned accordingly. It is thereafter that some doubts were again generated in the year 2012 with regard to legality of the pay scale accorded to petitioner. The matter was brought before this Court in Writ Petition No.24244 of 2012, which was disposed of vide following orders passed on 17.5.2012:- "Petitioner seeks quashing of the endorsement which has been made in his service book qua fixation of correct salary and recovery of excess paid to him. According to him such endorsement has been made without notice and opportunity of hearing. In the facts and circumstances of the case, the present writ petition is disposed of by providing that the petitioner may file a representation ventilating all his grievances, in the matter of fixation of salary as has been done under the order impugned and recovery, before respondent no. 2 (Deputy Director of Secondary Education, Jhansi) within two weeks from today along with a certified copy of this order. On such a representation being made the respondent no. 2 shall call for the records and shall pass a reasoned speaking order preferably within eight weeks thereafter. For a period of ten weeks, no coercive action shall be taken against the petitioner and thereafter the proceedings shall abide by the orders to be passed by respondent no. 2, as indicated above."
(3.) It is pursuant to this direction that the Deputy Director of Education has rejected petitioner's representation vide order dated 9.8.2012, which is impugned in the writ petition. This order records that determination of petitioner's scale of pay on 1st March, 2012 is correct. The order impugned also refers to the fact that the District Inspector of Schools on 12th July, 2010 had accepted petitioner's claim, and the same was then made the basis for determination of petitioner's scale of pay. While holding the subsequent determination to be correct, the Deputy Director of Education, however, has not specified any reasons to hold the order of District Inspector of Schools passed on 12th July, 2010 to be wrong.;