- (1.) HEARD the learned counsel for the parties.
(2.) PETITIONER , in this writ application, has prayed for a direction upon the respondents to pay him his post -retiral benefits at the revised scales applicable at the time of grant of the 2nd A.C.P. benefits and also to pay him the arrears of salary due to his promotion from the post of Corresponding Clerk to the post of Head Clerk and other revised admissible dues upon the revised pay scale of Rs. 5,500 - 9,000/ -. Facts of the petitioner's case in brief are as follows: '' The petitioner was initially appointed on 13.5.1968 as 'Chowkidar' in the Work Charge Establishment of the Respondents. Thereafter, his services were regularized in the Establishment with effect from 1.4.1972. He was promoted to the post of Typist -cum -Corresponding Clerk with effect from 18.6.1979 and later, was granted Junior Selection Grade with effect from 18.2.2004 in the pay scale of Rs. 680 -965/ -, which was followed by his provisional promotion in the scale of Rs. 730 -1,080/ -. Consequent upon the revision in the pay -scales, his salary was revised in the scale of Rs. 4,000 -6,000/ - with effect from 1.11.1996. Later, upon his promotion to the post of Head Clerk, his salary was fixed on the scale of Rs. 4,500 -7,000/ - as approved by the Chief Engineer, vide his letter dated 13.2.2004. An objection was raised by the State Government against the fixation of the aforesaid salary on the ground that the petitioner had not passed his departmental Accounts Examination and was therefore not entitled for the Selection Grade with effect from 18.6.1984. This objection was overcome by the petitioner when he had passed the departmental examination in the year 1997, whereafter the date of his regular promotion in the regular junior selection grade was accordingly adjusted.
(3.) THE petitioner's contention is that since he was granted regular promotion, he was not therefore, considered for the grant of the first A.C.P. but after having remained in service for more that 24 years, the petitioner had earned the eligibility for the grant of the benefits of the 2nd A.C.P. Referring to Annexure -8 annexed to the writ application, learned counsel for the petitioner explains that Annexure -8 is an office order, issued by the Executive Engineer, on 14.5.2008, acknowledging certain relevant facts relating to the petitioner's service records. Inviting attention to Paras 7 and 8 of the office order, learned counsel submits that even as acknowledged by the concerned authorities of the respondents, the petitioner had earned the eligibility for grant of the benefits of the second A.C.P. after completing 24 years of service on 18.6.2003 and the corresponding revised pay scale upon the grant of such benefit was acknowledged as Rs. 5,500 -175 -9,000/ - and after computing the increments, which the petitioner would have earned from the date of his eligibility, his total emoluments by the date of his retirement, would have been Rs. 6,550/ -. Referring to the Government Circular dated 01.1.1996, containing the Resolution of the Finance Department and inviting attention to the Schedule -I of the revised pay scales, learned counsel submits that the revised pay scale even as acknowledged in Annexure - 8, is in consonance with the pay scales as declared in the schedule of revised pay scales in the State Government Notification. Learned counsel submits further, that the last paid salary to the petitioner was in the scale of Rs. 4,500 -7,000/ -, whereas he was legally entitled to the pay scale of Rs. 5,500 - 9,000/ -, upon the grant of the 2nd A.C.P. benefits to him after his completing 24 years of continuous service on 18.6.2003 and such payments ought to have been given together with all corresponding monetary increments till the date of his retirement and his pension amount ought to have been fixed on the basis of such pay scales and the total emoluments which was legitimately payable to him.;