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Judgment
In the instant writ petition, the petitioner has sought for direction upon the respondents to rectify his pay scale since he has been promoted from the post of Motor Driver ordinary grade to the post of Motor Driver Grade-I, but inadvertently, the pay scale of 4 th Pay Revision was wrongly mentioned and the petitioner has further sought for direction on the respondents to pay the arrears of difference of salary from the date of promotion i.e. 01.04.1997 till the date of his retirement.
In pursuance of order of this Court dated 14.07.2016, a supplementary counter affidavit on behalf of respondents has been filed, wherein it has been mentioned that the pay scale of staff car driver Grade -II was Rs.1200-1800/- and that of Grade-I was Rs.1320-2040/- respectively, which was subsequently granted under Vth Central Pay Commission, as mentioned in the office Memo of Department of Personnel and Training, Ministry of Personnel, Public Grievance and Pension, Government of India, dated 01.06.1998, as is evident from Annexure-R/1B to the supplementary counter affidavit.
On perusal of Annexure-R/1B to the supplementary counter affidavit, the pay scale, which has been mentioned against Grade-I Staff Car Driver is of Rs.4500-125-7000/- and the above pay scale has been made effective with effect from 01.01.1996, subject to the terms and conditions as mentioned in the Office Memorandum dated 30.11.1993 read with Office Memorandum dated 27.07.1995.
Heard learned counsel for the petitioner and learned counsel for the respondents and perused the records.
Learned counsel for the petitioner, on instruction, submits that the petitioner has retired on 31.08.2008 and, therefore, he is entitled to get the pay scale as admissible as per the Office Memorandum dated 01.06.1998 i.e. Rs.4500-125-7000/- from 01.01.1996 till the date of his retirement i.e. 31.08.2008 and he is also entitled to get the arrears of difference of salary for the aforesaid period.
Learned counsel for the respondents, in his usual fairness, has submitted that admittedly, as per the Office Memorandum(Annexure- R/1B to the supplementary counter affidavit), the petitioner is entitled to get the pay scale admissible to Grade-I staff car driver.
In that view of the matter, this writ petition is disposed of with a direction to the respondents, more particularly respondent nos. 2 & 3 to calculate the arrears of difference of salary and pay the same to the petitioner within a period of three months from the date of receipt/production of a copy of this order.
With the aforesaid direction, this writ petition stands disposed of.