Remanded

Mandareshwar Singh v. Chairman, Damodar Valley Corpo

Jharkhand HC1 Jul 2019WPC/3810/2011

Case brief

AI extract

What is this about?

The High Court at Ranchi, in a writ petition concerning pension and pensionary benefits, addressed the petitioner's claim for a higher promotional pay scale. Finding significant discrepancies in the pay scales claimed versus those applicable, the court remitted the matter to the respondent for a reasoned order within six weeks.

What did the court decide?

The matter was remitted to the Senior Divisional Engineer to pass a reasoned order within six weeks taking into account the joint circular and the petitioner's rejoinder.

Mandareshwar Singh Vs Chairman, Damodar… — Pension and Retirement Benefits | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P(S) No. 3810 of 2011

Mandareshwar Singh

Petitioner

Versus

The Chairman Damodar Valley Corporation and Ors..

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Respondents

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--------CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --------- For the Petitioner : Mr. Suddhansu Kumar Deo Adv. For the DVC :- Mr.S.K. Ughal Adv Mr. Tapash Kabiraj Adv. ---------

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3/Dated: 1.07.2019

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The petitioner has preferred this writ petition for direction upon the respondents to pay and release the pay scale of promotional benefit w.e.f 27.1.1982 of Rs. 700-1205 instead of 640-1050 which is the promoted scale of Grade-II as the petitioner was promoted in Grade-II by treating the service of the petitioner like other technical Grade employee who has been given promoted pay scale of Grade-II (Rs. 700-1205) w.e.f from 27.1.1982 and also to give other consequential benefit as the petitioner retired under the respondents on 31.8.2004.

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The petitioner was initially appointed and joined the Corporation on 27.7.1972 as automobile driver. Subsequently, the petitioner was promoted vide order dated 22.8.1990 as Bus/Truck driver on the pay scale of Rs. 1590-2600. It is stated that according to the Rule framed by the respondents the bus driver comes within the category of Grade-II and according to the provision the petitioner is entitled for getting pay scale of Grade-II which comes to Rs. 700-1205 w.e.f 1.7.1981. Respondents have categories of the employee introduced from 1.1.1986 which clearly shows in Column-8 that the truck driver/bus driver comes within the category of Grade -II. It has been shown from the office Memorandum regarding revision of pay scale of officers and other employee introduced from 1.1.1986. The petitioner retired from the service on 31.8.2004.

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On the other hand Mr. Ughal , the learned counsel for the respondents submits that the petitioner is not entitled for that

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scale. The petitioner was promoted to the post of Bus Driver/truck driver/ tractor tailor driver in the pay scale of Rs. 1590-40-2150-50-2600 vide office order no. PL-T/01-15/TTD8306 dated 22.8.1990 and the petitioner joined on the post of truc k driver in T.S.C wind on 4.9.1990.The pay scale of Rs. 1590-2600 is not meant for tractor tailor driver The petitioner was transferred and placed under the Executive Engineer(Civil) DVC Maithon Division as truck driver, ultimately the petitioner was released on 31.8.2004 as truck driver from corporation service on superannuation. It is clear that neither the petitioner was promoted nor worked as tractor tailor driver in corporation and therefore, the claim of the petitioner is totally unjustified. Mr. Ughal submits that the petitioner is not entitled to pay scale of Rs. 700-1205, rather he joined on pre revised pay scale of Rs. 6401050/- as truck driver as per office order dated 22.8.1990. From perusal of the circular dated 17.1.2006 it appears that the amendment order was kept in abeyance until further orders, implying no effect had to be given to the order dated 26.12.1991.As such, the Automobile Drivers and Bus/ Truck Drivers are entitled to the scale of Rs. 1550-2550 and Rs. 1590-2600.

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The petitioner has filed rejoinder to the counter affidavit wherein it has been stated that the promotional pay scale of Grade II from Grade III is Rs. 1700-3080/ with effect from 1.1.1986 and subsequently Rs. 4750- 7900 with effect from 1.1.1997.

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In view of the rejoinder filed by the petitioner and circular dated 17.1.1960 this court finds that there is much difference in the pay scale and as such the matter is remitted back to the respondent no. 4, the Senior Divisional Engineer, Maithon Division, DVC,Dhanband who will pass a reasoned order taking into account the said circular and the averments made in the rejoinder filed by the petitioner. Respondent no. 4 shall take decision in this regard within six weeks from the date of receipt/production of a copy of this order.

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(Sanjay Kumar Dwivedi, J.)

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Mandareshwar Singh v. Chairman, Damodar Valley Corpo

Case brief

What is this about?

What did the court decide?

Mandareshwar Singh v. Chairman, Damodar Valley Corpo

Case brief

What is this about?

What did the court decide?

What the court decided

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