- (1.) THE present writ petition has been filed for the following reliefs: - For issuance of a writ in the nature of mandamus or any other appropriate writ, order or direction, directing upon the concerned Respondent asking to show cause under what authority of law they are not allowing the petitioner to get pension as per his last pay scale i.e. 1400 -2300/while he retired on 31.3.1994 as a Supervisor and the concerned Respondent (Respondent No.5) dare to rectify his pay scale for relevant period of 1981 -82 on 16.9.95, after one and half years of his retirement, without following the principle of natural justice asking him in a show cause, in this regard if so required. It has been further prayed to direct the respondent concerned to forthwith pay the revised arrear of pension and exceeded over amount till the date of final payment because the petitioner had no knowledge about the. modification after receiving a letter sent to him by Respondent No. 4 It has also been prayed to direct the respondent concerned to forthwith fix pension as per his last pay scale as mentioned hereinabove because the competent authority had already sent pension paper of the petitioner mentioning therein the same pay scale i.e. 1400 -2300/ -.
(2.) THE facts in brief are stated as under: - The petitioner joined the service of the concerned department in the year 1952 as a Kit Palak and continued till his retirement on 21.3.1994. It appears that during the service tenure the petitioner was permanently posted as 'an Overseer vide office order dated 15.2.1957. Later, on 17.12.82 the petitioner alongwith four other similarly situated persons were promoted as a Supervisor in the pay scale of Rs. 580 -850/ - but later on recommendation of the Anomaly Committee in the year 1986 their pay scale had been revised as 680 -965/ -. The State Government further revised their pay scale in the pay scale of Rs.1320 -2040/ -. According to the petitioner he was entitled to 2nd Time Bound Promotion in the year 1989 while he was working as Supervisor in the pay scale of Rs. 1320 -2040/ -. The counsel for the petitioner further submits that the Government was pleased to revise the pay scale to Rs.140023001 - even though the designation remained the same as Supervisor and he retired on the same scale.
(3.) ACCORDING to the petitioner his pension was not fixed nor his retiral dues were paid and finally he was constrained to file C.W.J.C. No. 3085/95(R) which was finally disposed of on 15.2.1996 with positive observation made in favour of the petitioner.;