W.P. No. 1953 of 2009. Case: Satyadeo Pandey Vs Jharkhand State Electricity Board and Others. Jharkhand High Court

Case NumberW.P. No. 1953 of 2009
CounselFor Appellant: Manoj Tandan, Ashok Kr. Pandey, Kumari Rashmi and Binod Kumar, Advs. and For Respondents: R. Krishna and Q.P. Tiwari, Advs.
JudgesS. Chandrashekhar, J.
IssueConstitution of India
Judgement DateDecember 11, 2013
CourtJharkhand High Court


S. Chandrashekhar, J.

  1. The petitioner has approached this Court seeking quashing of order dated 12.12.2007 and for a consequent relief of fixation of pay-scale/pension at par with one Baleshwar Singh. Heard counsel for both the parties and perused the documents on record.

  2. The petitioner was appointed on the post of office Peon on 01.10.1966 and he was appointed as Blue Printer on 27.01.1967. The petitioner was appointed on redesignated post of Tracer on 24.10.1973 and he superannuated from service w.e.f. 28.02.2001. One Baleshwar Singh with whom the petitioner has sought parity in the pay scale and grant of pension, was appointed as Blue Printer on 22.02.1966 however, he was appointed on redesignated post of Tracer on 02.02.1974. The said Baleshwar Singh superannuated from service w.e.f. 31.01.2007. However, by the impugned order dated 12.12.2007, the petitioner was denied the grant of pay-scale and pension at par with said Baleshwar Singh.

  3. A counter affidavit has been filed giving service details of the petitioner and the said Baleshwar Singh and it has been stated thus,

  4. That the service history of the petitioner and Sri Baleshwar Singh, retired Tracer are as follows:

    1-Sri Baleshwar Singh:

    (I) 1st appointment as Blue Printer on 22.02.1966.

    (II) Redesignated as Tracer on 02.02.1974.

    (III) Retired on 31.01.2007.

    (IV) Length of service 40 Yrs. 11 Months 9 Days.

    2-Sri Satyadeo Pandey:

    (I) 1st appointment as office Peon on 01.10.1966.

    (II) Appointed as Blue Printer on 27.01.1967.

    (III) Redesignated as Tracer on 24.10.1973.

    (IV) Retired on 28.02.2001.

    (V) Length of service-34 Yrs. 4 Months 27 Days.

  5. That from the above chart it is clear that Sri Baleshwar Singh was senior from the petitioner. Petitioner's first appointment was on 01.10.1966 as office Peon whereas Sri Baleshwar Singh was appointed on 22.02.1966 as Blue Printer. Post of office Peon and Blue Printer are in different cadres. It cannot be compared. During the service period petitioner could not raise this matter and after retirement he raised the matter through RTI Act. All the required information has been given to the petitioner, matter was closed vide RTI Commissioner on 27.05.2008 vide appeal No. 920/2007.

  6. The learned counsel appearing for the petitioner has submitted that from the documents which has been provided to the petitioner from the RTI, it would appear that as far back as on 1.04.1971, the pay-scale of both, the petitioners and the said Baleshwar...

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