S.J.MUKHOPADHAYA, J. - (1.) THIS appeal has been preferred by the appellant against the order dated 27th June, 2003, passed by the learned Single Judge in WP (S) No. 2980 of 2003, whereby and whereunder, the learned Single Judge dismissed the appeal, affirming the order, contained in Memo No. 238 dated 22nd March, 2003, passed by the respondent Director, Employment and Training, Doranda, Ranchi. By the said order, prayer of the appellant to fix his pension at the rate of Rs. 4707/ - per month with effect from 1st February, 1998 was rejected.
(2.) BEFORE noticing the relevant facts, it may be mentioned that the appellant, having not satisfied with the fixation of pension, had earlier moved before this Court, whereupon the learned Single Judge remitted his case for determination. Thereafter, the 3rd respondent Director, Employment & Training, rejected his claim by the impugned order, contained in Memo No. 238 dated 22nd March, 2003. The main question, which fell for consideration before the authorities, was as to whether the pension of the appellant should have been fixed in the then pay scale of Rs. 880 -1510.00 . From the admitted facts, it appears that under the respondent State, in its Labour, Employment and Training Dep.ment, there were posts of Instructors, having two Grades, The first grade was of Junior Instructor, having lower pay scale of Rs. 335 -555/ - whereas the second grade (next higher post) was that of Senior Instructor, having pay scale of Rs. 348 -600.00 . With effect from 1st April, 2003 the pay scale of Junior Instructor was upgraded and the posts were merged with the posts of Senior Instructor vide letter No. 3888 dated 18th December, 1973. However, when the recommendation of the Pay Revision Committee was accepted by Resolution No. 10770 dated 30th December, 1981, two separate scales of pay were provided to Junior Instructors and Senior Instructors. Junior Instructors were provided with lower replaced pay scale of Rs. 730 -1080.00 whereas Senior Instructors were provided with the replaced pay scale of Rs. 785 -1210.00 . Those, who were appointed prior to 1st April, 1981 and got the benefits of up -gradation by merger, appear to have been allowed to continue in the replaced pay scale of Rs. 785 -1210.00 . So far as appellant is concerned, he was appointed as Junior Instructor on 11th July, 1964 and was upgraded to the post of Senior Instructor with effect from 1st April, 1973. After revision of pay, it appears that the appellant 'spay was not fixex in the replaced pay scale of Rs. 785 -1210.00 and instead, he was allowed lower pay scale of Rs. 730 -1080.00 . He, being eligible for 1st Time Bound Promotion with effect from 1st April, 1981, was given 1st Time Bound Promotion with effect from 1st April, 1981, was given 1st Time Bound Promotion in the pay scale of Rs. 785 -1210.00 and then 2nd Time Bound Promotion. On the basis of such promotions, the replaced scale was provided to the appellant. According to the appellant, alter revision of pay, he was automatically entitled for replaced scale of Rs. 785 -1210.00 , which was the replaced scale of Senior Instructors, he having been upgraded to the higher post of Senior Instructor prior to 1st April, 1981. If such replaced scale of Rs. 785 -1210.00 is allowed with effect from 1st April, 1981, for the purposes of 1st Time Bound Promotion, he is entitled for the next higher grade in the pay scale of Rs. 850 - 1360.00 with effect from 1st April, 1981 and consequently, for the purposes of 2nd Time bound Promotion, he is entitled to the next higher grade.
(3.) ON the other hand, according to the respondents, as appears from the impugned order, the appellant was entitled to the pay scale of Rs. 730 -1080.00 and 1st Time Bound Promotion in the next higher grade of Rs. 785 -1210.00 and for the purposes of 2nd Time Bound Promotion in the pay scale of Rs. 850 -1360.00 i.e. the scale in which his pay has been fixed.;