Mohammad Rafiq, J. - (1.) This writ petition has been filed by the petitioner with the prayer that respondents be directed to count the period of service rendered by him from the date of his initial appointment on 11/4/1966 with the Gram Panchayat and accordingly revise the pension and other retiral dues and respondents may be directed to refund him Rs.1,28,490/- with interest @12% p.a. consequent upon change of date w.e.f. the completion of 9, 18 and 27 years.
(2.) Learned counsel for the petitioner has argued that petitioner was initially appointed with the Gram Panchayat Nagar, District Bharatpur on the post of Sub Nakedar on 11/4/1966. Gram Panchayat Nagar later on upgraded to the level of Municipal Board vide notification dated 17/12/1975. Petitioner thus continued to serve at the same place where he was initially appointed till he retired on 30/6/2001. Respondents vide order dated 22/11/1993 granted him benefit of two selection scales on completion of 9 & 18 years on 1/9/1996 as per notification of the government dated 25/1/1992 and accordingly granted him benefit of revision of pay scale under Revised Pay Scale Rules, 1996 w.e.f. 1/9/1998 and thereafter vide order dated 25/1/2003 granted him third selection scale on completion of 27 years of service. For doing so, respondents treated the initial date of appointment of the petitioner as 11/4/1966 when he was appointed in the Gram Panchayat. Respondents however illegally without any notice and opportunity of hearing to the petitioner, altered the date of his initial appointment by treating his appointment having been made afresh with the Municipal Board Nagar on 17/12/1975. Learned cited last pay certificate of the petitioner dated 11/8/2003 showing that petitioner was drawing basic pay of Rs.5,750/- with allowances, double pay of Rs.9361/- however, his pension payment order which is on record indicates that his pension was determined as Rs.1112/- taking his basic pay to be Rs.2224/-. Learned counsel argued that qualifying period of service has to be treated from the date of his initial appointment in the Gram Panchayat and this has been qualified by circular of the Directorate of Local Bodies dated 10/5/1978. He in support of his argument, relied on the Shankar Lal v. State of Rajasthan & Ors., {2004 W.L.C. (Raj.) UC 637}.
(3.) Learned counsel for the respondents opposed the writ petition and submitted that petitioner was appointed with Gram Panchayat only on consolidated salary and that when subsequently Gram Panchayat was upgraded to Municipal Board, thereafter, he was paid regular pay scale. It was argued that Municipal Board is a separate entity and the petitioner could be granted benefit of selection scale and other retiral dues only from the date of his initial appointment with the Municipal Board. Since the benefits aforesaid were granted to the petitioner erroneously from the date of his initial appointment in Gram Panchayat, they were rightly withdrawn. It was contended that respondents merely sought to correct the mistake and therefore there was no requirement of any notice or opportunity of hearing being provided to the petitioner. Learned counsel therefore submitted that the writ petition be dismissed.;