- (1.) HEARD Shri K.K. Singh, learned counsel for the petitioner and JC to SC (Mines) for the respondent State.
(2.) PETITIONER in this writ application, has prayed for a direction to the respondents to grant him the super selection grade in the next higher pay scale with consequential benefits, revision of pay scale as per the resolution of Government and fixing his pension as per the revised pay scale and to pay arrears of pension calculated on the basis of the difference of the revised pay scale. Prayer has also been made for issuance of a direction upon the respondents to pay to the petitioner the balance amount of Provident Fund dues which is claimed to have remained unpaid till date. The petitioner joined on the post of Panchayat Sewak on 16.12.1956 and had retired on 29.2.1996. Subsequent to his retirement, a resolution was adopted by the State Government, whereby the pay scale of Government employees was revised and made effective from 1.1.1996, though, the arrears of pay on the basis of the revised pay scale was payable from 1.4.1997.
(3.) COUNSEL for the petitioner submits that even though, the petitioner had retired from service on 29.2.1996, he has the right to claim the benefits of the aforesaid Government resolution since he was very much in service on the date from which the revised pay scale was made effective. Learned counsel submits that in spite of the repeated representations and demands, the respondents have not given the benefits of the revised pay scale to the petitioner and as a result thereof, the amount of pension which has been fixed, has been wrongly calculated in as much as, it has not been fixed on the basis of the revised pay scale. Learned counsel adds further that the petitioner is therefore entitled to the arrears of pension pursuant to the revised pay scale which was made effective from 1.1.1997.;