Aparesh Kumar Singh, J. - (1.) HEARD learned counsel for the petitioner as well as learned counsel for the Respondents. The petitioner retired from the post of Head Clerk in the office of District Superintendent of Education, Gumla on 31.1.2002. The petitioner has prayed for a direction upon the respondents to release and pay the arrear of pay difference amounting to Rs. 89,544/ -from the period from April, 1997 to January, 2002 for which bill had already been submitted and allotment had been sought for, by the respondent no.5, D.S.E., Gumla. The petitioner has further prayed for a direction upon the respondents to make fresh fixation of the pay of the petitioner in the pay scale of Rs. 5000 -150 -8000 w.e.f. 1.1.1996 and thereafter in the pay scale of Rs. 5500 -9000 w.e.f. 1.3.99 and accordingly pay the arrear of pay difference and other retirement benefits pursuant to such revision.
(2.) THE respondents have appeared and file their counter affidavit in which it has been stated on behalf of the respondent no. 5 that the pay of the petitioner has been fixed pursuant to grant of promotion in the pay scale of Rs. 4500 -125 -7000/ -w.e.f 1.2.1996 and thereafter, in the pay scale of Rs. 5000 -150 -8000/ -w.e.f 1.3.1999, accordingly the arrear of pay difference was calculated amounting to Rs. 89544/ -which was paid to the petitioner on 5th April,2010 through Demand Draft as Annexure -A to the counter affidavit. It has been further stated in paragraph no. 9 that on the recommendation of the Fitment Appellant Committee, Department of Finance, Government of Jharkhand, the pay scale earlier granted to the petitioner w.e.f. 1.1.1996 has been replaced by the pay scale of Rs. 5000 -150 -8000/ -w.e.f 1.1.1996. In fact, thereafter the pay scale of petitioner has been further revised in the scale of Rs. 5500 -9000/ -w.e.f 1.3.1999 vide Memo No. 1109 dated 14.6.2003. However, the arrear accruable on account of the pay difference as well as revision of gratuity and leave encashment etc. have not been processed because of lack of some co -operation on the part of the petitioner. Learned counsel for the petitioner strongly objects the aforesaid statement that the petitioner has not cooperated with the department for grant of the consequent revision in the pensionary benefits as well as the arrear of salary etc. pursuant to the aforesaid revision of pay scale. However, the petitioner is granted a liberty to approach the respondent concerned specifically respondent no.5, District Superintendent of Education, Gumla for redressal of his remaining grievances relating to consequential benefits of revision in pay scale in the matter of his post retirement benefits with a copy to the respondent no. 6, Accountant General (A&E), Jharkhand as well. The petitioner informs that the necessary papers have already been sent by the respondent no. 5 to the office of Accountant General, Jharkhand, for the consequential benefits as aforesaid.
(3.) IN the aforesaid circumstances, if the petitioner approaches the respondent nos. 5 and 6 with a copy of this order then they should consider the claim of the petitioner for revision of the pensionary benefits and arrear of pay arising out of such revision in the pay scale and in case the petitioner is found entitled to legally admissible dues on the aforesaid heads, the same should be paid within a period of six weeks from the date of receipt of a copy of this order. With the aforesaid observations/directions this writ petition is disposed of.;