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Judgment
This writ application has been filed by the petitioner for a
direction to the respondents to fix his pension according to the last pay
drawn in the scale of Rs.27,170/- and to pay the arrear of difference of
pension from March, 2010 onwards. The petitioner has also prayed for a
direction to the respondents to calculate the gratuity and unutilized leave
encashment on the scale of Rs.27,170/- and to pay the due amount.
It has been submitted by the learned counsel for the
petitioner that the petitioner retired on 28.02.2010 as Headmaster of
Government Middle School, Etha, Muzaffarpur. At the time of
superannuation, he was drawing monthly salary in the scale of
Rs.27,170/- but his pension was fixed treating his last pay drawn as
Rs.25,930/-. He has submitted that the gratuity and leave encashment
have also been fixed treating his salary in the scale of Rs.25,930/-. He
has submitted that due to the error committed by the respondents, the
petitioner has suffered great hardship and has been put to recurring
financial loss.
On the other hand, learned counsel for the State has
submitted that the petitioner had been promoted as Headmaster in the
scale of Rs. 6500-10500 on 05.09.1996 and, according to the Finance
Department''s rule, he was entitled for promotion in the scale of
Rs.7500-12000/- on 04.09.2008 after 12 years, but he was erroneously
promoted in the scale of Rs. 7500-12000 from 01.04.1996. He has
submitted that when the service book of the petitioner was transmitted to
the Accountant General, the discrepancy was detected and thus the error
committed was rectified.
Learned counsel for the Accountant General has supported
the contention advanced by the learned counsel for the State. He has
submitted that the revised pension/death-cum-retirement gratuity in
favour of the petitioner at admissible pay of Rs.25,930/- was authorized
by the Accountant General as back as on 04.03.2011. He has submitted
that a communication in this regard was also made to the department
concerned and, according to him, there was an error in fixation of pay of
the petitioner in the scale of Rs.27,170/- and, thus, the error committed
in fixation of the scale was rectified in the office of the Accountant
General.
I have heard learned counsel for the parties and perused the
record.
There is no dispute to the fact that according to the Finance
Department''s rules an employee would be entitled for promotion in the
higher scale after rendering 12 years of the satisfactory service. As the
petitioner was promoted as Headmaster in the scale of Rs.6500-10500
on 05.09.1996, he was entitled for promotion in the scale of Rs.7500-
12000 on 04.09.2008 on completion of 12 years.
In that view of the matter, if at the time of fixation of
pension the error committed in the fixation of the scale was rectified, no
fault can be found in the action of the respondents.
Accordingly, the writ petition, having no merit, is
dismissed.