The High Court dismissed a writ petition challenging a Central Administrative Tribunal order rejecting a pension/retirement claim. The sole petitioner had expired before the hearing, and the Court abstained from interference after noting the Tribunal's finding that no juniors received higher pay. The petition was dismissed on the death of the petitioner.
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O.J.C. No.5882 of 2000
11. 20.07.2017 This writ petition has been filed by the petitioner challengin
g the order passed by the Central Administrative Tribunal, Cuttack Bench, Cuttack in original
application No.730 of 1997 whereby and where under the Tribunal has rejected the claim of the
petitioner.
The case of the petitioner in brief is that he joined the office of the then A
ccountant General in 1964 as an Accountant, later on promoted to the rank of Senior Accountant
. Vide order dtd.13.2.1987 he was promoted to the cadre of Supervisor w.e.f. 19.12.1986 on ad
hoc basis. At the time of his promotion as Supervisor he was holding the post of Sr. Accountan
t (non-functional) in the revised pay scale of Rs.1400-2600/- at the level of Rs.2050/- on 1.1
.1986 with his next date of increment on 1.6.1986. In accordance with Auditor Generals Circula
r dtd.30.9.1986, pay drawn by him in the post of Sr. Accountant (non-functional) was declared
to be personal. The non-functional post was abolished with effect from 13.9.1986. According to
the petitioner, from that day the post of Sr. Accountant became neither functional nor non-fu
nctional and continued to be an ordinary post till 1.6.1987 when the post was upgraded to be m
ade functional. On his appointment as Supervisor on the basis of option given by him, his pay
was fixed at Rs.2120/- on 19.12.1986 and at Rs.2240/- on 1.6.1987. In the meantime the post of
Sr. Accountant (ordinary) was upgraded to a functional post w.e.f. 01.04.1987 in the pay scal
e of Rs.1400-2600/-. The employees who were holding the post of Sr. Accountant (ordinary) and
were drawing pay on personal basis were promoted to the post of Sr. Accountant (functional) w.
e.f. 01.04.1987 in order dtd.18.9.1987, such persons were allowed the benefit of pay fixation
under FR 22-C and started drawing higher pay from 1.4.1987, but the applicant was not consider
ed for granting of such higher pay as Sr. Accountant (functional) as he had been promoted on a
d hoc basis to the post of Supervisor, as such he was denied and deprived from the benefit whi
ch was allowed to his juniors.
Learned Standing Counsel for IA & AD, Cuttack produced one communication issue
d to him from the Office of the Principal Accountant General (A & E), Orissa, Bhubaneswar wher
ein it has been intimated to him that the sole petitioner Jadumani Nanda has expired on 11.7.2
014.
In view of death of the sole petitioner and in view of the finding of the Trib
unal at paragraph 10 of the impugned order to the effect that no juniors, who got promoted aft
er the applicant, were getting higher pay than the applicant, we are not inclined to interfere
with the matter.
Accordingly the writ petition stands dismissed.
... Sanju Panda, J.
... S.N. Prasad, J.
mkp
1
Jadumani Nanda
State of Orissa and Another
Sanju Panda
S.N. Prasad
As recorded by the court registry
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