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| DB upholds Single Bench judgment on pensioners | | Seven LPA's filed by the AG, others decided | | Early Times Reporter
Jammu | Sep 26
Division Bench of J&K High Court Jammu Wing comprising Justice Virender Singh and Justice YP Nargotra today decided 7 LPA's filed by Accountant General and others and uphold the order of Single Bench except so far it relates to imposition of cost and provide there shall be no costs. However, the petitioners shall be entitled to interest @ 6% PA on the withheld amount from the date due for payment till its realization. To that extent order impugned shall stand modified.
• This significant judgment for the general interest of Government employees written by Justice YP Nargotra for the Division Bench observed that in the present case, since there was anomaly in the pay drawn by the petitioners as they were drawing lesser pay than junior counter parts, their respective administrative departments passed the orders for stepping up of their pay for removing of anomaly, however, without getting the prior approval of the General Administrative Department. It is not disputed that after the stepping of their pay, they have been drawing higher salary at the stepped up rates for more than a period of 10 months after the same being verified by the AG Office. In terms of the rule 242 for reckoning their pension, the average emoluments, which the petitioners had drawn for the last 10 months before the date of their superannuation, were to be taken into account by the pension AG, the sanctioning authority It appears for computing the pension the AG relying upon Government instructions declined to accept the stepped up pay and accordingly, ordered for withholding the gratuity of petitioners for recovering the excess pay drawn by them.
DB after considering the contentions of counsel for the parties further observed that in view of clear instructions appended by rule 77-B of the CSR, it is incumbent upon every administrative dept to obtain the prior approval of GAD before ordering stepping up of the pay of an employee under it. But, whether failure to obtain such prior approval as necessary consequence, always render the order passed for stepping up the pay of an employee invalid? DB questioned. DB is considered opinion it would not be so in every case, where otherwise entitlement of an employee to the stepping up of his pay is not disputed by the Administrative Dept or by the office AG, the order of stepping up of pay of such an employee would not be rendered invalid for being taken into account for the purpose of fixation of pension an d gratuity the reason being that matter of obtaining prior approval is between the Administrative Dept and GAD in which the employee has no rule to play. By passing an order in violation of the mandate of Rule 77-B, the officer concerned may be exposing himself to the Departmental Action, but it cannot perse affect the pensionary rights of an employee to which he is otherwise entitled. With these observations Division Bench disposed of 7 LPAs uphold of the order of writ court with modification regarding the costs and interest. JNF
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