- (1.) HEARD counsel for the parties.
(2.) PETITIONER in this writ application has prayed for a direction for quashing the office order dated 23.12.2003 (Annexure -18) issued under the signature of the Respondent No. 2 whereby and where under the pay scale which was earlier sanctioned to the petitioner vide office order dated 18.8.2003, has been cancelled. A further prayer has been made for issuing a direction upon the respondents to forthwith fix the final pension of the petitioner on the basis of the scale sanctioned as per the aforementioned office order dated 18.8.2003 and also for a direction to release the entire arrears of pension on the basis of the aforesaid scale besides releasing the full and final pension to the petitioner. The facts of the petitioner's case is that he had joined on the post of Junior Accounts Clerk in the office of the Superintending Engineer, Public Works Department, Chhotanagpur Zone, Ranchi on 4.5.1965. Subsequently, due to the abolition of some of the Circle and Division Offices under the Public Works Department, the petitioner on being found to be surplus employee, was absorbed in the Revenue Division, Ranchi pursuant to the orders of the Deputy Collector, Revenue Division, Ranchi on and from 16.12.1967. Upon his release by a formal order passed by the Executive Engineer, Public Works Department, the petitioner's service as a Junior Accounts Clerk in the Revenue Division was confirmed.
(3.) THE petitioner's further contention is that in the Revenue Division, Ranchi, altogether five posts of Junior Accounts Clerk including the post of Cashier was sanctioned initially and all such posts were made permanent with effect from 1.9.1974. The scales applicable to the Junior Accounts Clerk and Senior Accounts Clerk were fixed by the order of the Additional Secretary -cum -Special Officer, Irrigation dated 19.5.1978. Later, the pay scales of both the Senior and Junior Accounts Clerks were merged on and from 1.5.1980. Upon the 4th Pay Revision, the petitioner's salary was fixed on the scale of Rs. 730 -1,080/ -. The petitioner was given the benefit of first time bound promotion on and from 18.11.1989 alongwith corresponding enhancement in his pay. Subsequently, pursuant to the 5th Pay Revision, his salary was re -fixed at Rs. 1,400 -2,600/ - on and from 1.1.1986. In due course, the benefit of second time bound promotion was also given to him which he continued to receive till June 1998. The petitioner eventually superannuated from service from the post of Accounts Clerk on 31.1.2003.;