PRAMATH PATNAIK,J. - (1.) In the accompanied writ application, the petitioner has approached this Court for fixation and finalization of the pension as per the office order dated 02.09.2011 issued under the signature of respondent no.4, whereby petitioner has been granted 3rd up gradation under the provision of MACP and to release the entire arrears of difference of salary w.e.f. the date of superannuation i.e. 31.12.2013 till date, along with penal interest and the petitioner has further prayed for release of entire arrears of difference of salary on the basis of 1st and 2nd up gradation in the pay scale of Rs.5,000- 8000/- w.e.f 09.08.1999, however financial benefits will be given w.e.f. 15.11.2000 and Rs.5500-9000/- w.e.f. 11.10.2004 vide notification dated 07.05.2005 and the petitioner has further prayed for forthwith release of amount of leave encashment on the basis of enhanced pay scale.
(2.) The facts, as disclosed in the writ application, in nutshell is that petitioner joined her services as Correspondence Clerk w.e.f. 10.10.1980 and retired on 31.12.2013 without any regular promotion. Petitioner was eligible to be granted higher post as per the hierarchy of the post i.e. Head Clerk and Head Assistant, as would be evident from Annexure-1 and 1/1 to the writ petition. It has further been submitted that under the signature of Superintending Engineer, petitioner has been granted 1st up gradation in the pay scale of Rs.5,000-8000/- and 2nd up gradation in the pay scale of Rs.5500- 9000/- w.e.f. 09.08.1999, however financial benefit will be given w.e.f. 15.11.2000 and 11.10.2004 vide notification dated 07.05.2005 as evident from Annexure-4 to the writ petition. In pursuance of the scheme of MACP, petitioner has also been granted 3rd up gradation vide order dated 02.09.2011 as evident from Annexure-5 to the writ petition. But the respondent authorities-Accountant General in the light of circular dated 27.08.2012 issued by the Finance Department has raised objection.
(3.) A counter affidavit dated 21.04.2016 has been filed on behalf of the respondent no.3, wherein it is stated that the Engineer-in-Chief vide its letter dated 20.01.2016 acquainted all Superintending Engineers with the opinion of the Finance Department as evident from Annexure-B to the counter affidavit. The Superintending Engineer, Building Division, Hazaribag vide its letter dated 02.02.2016, quoting therein the decision of the Building Construction Department has requested the office of the Accountant General, Jharkhand to fix the pension of the petitioner in the light of the above decision as evident from Annexure-C to the counter affidavit.;