1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.5413/07 Goverdhan Dass Khunteta vs. State of Rajasthan & Ors. Date of order : 22/8/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Sanjeev Prakash Sharma for the petitioner. Shri B.L. Avasthi, Addl. Govt. Counsel for the respondents. ****** Heard learned counsel for the parties. This writ petition has been filed by a retired government servant who was working with the respondent-State as Stenographer. The petitioner has prayed for a direction to give him benefit of advance increment in terms of amendment made to Rajasthan Civil Service (Revised Pay Scale) Rule, 1987 vide notification dated 14.6.1988 which provides that those having passed the RPSC examination and qualified both in Hindi and English Stenography if happened to be worked on 1st April, 1987 or any subsequent date, shall be entitled to two advanced grade increments. The petitioner has also prayed that the respondents be further directed to revise his pay scale and pension accordingly 2 and pay her monitory benefits of revision of pension along with interest on arrears @ 12% per annum. Shri Sanjeev Prakash Sharma, learned counsel for the petitioner in the course of arguments has referred to the order dated 10.11.2003 passed by Labour Commissioner which indicates that two advanced grade increments have indeed been granted to the petitioner with effect from 19.4.1991, the date on which the petitioner submitted application to claim such benefits. It is argued that the rules provide for grant of such benefits to the Stenographers working on 1st April, 1987 and when the rules have been enforced from that date, there was no reason then to grant such benefits to the petitioner from 19.4.1991. It is also argued that the increments as per the aforesaid order dated 10.11.2003, the respondents should undertake the exercise of revision of pay from stage to stage and consequently, the pension. All these benefits however not been paid to the petitioner though the Labour Commissioner passed the order on 10.11.2003. The petitioner was therefore 3 compelled to approach this Court by filing the present writ petition in July, 2007. Despite of specific direction of this Court on 10.3.2008, the respondents are not justifying why such a long time has been consumed. Shri B.L. Avasthi, learned Additional Government Counsel opposed the writ petition and submitted that the due benefits have already been granted to the petitioner by order of Labour Commissioner aforesaid. However, Pension Department raised objection about the same and therefore the actual payment could not be made. Original records of the petitioner were not available and for this reason the matter could not be finalised. The Pension Department sought clarification which were made available to them vide letter dated 10.3.2005. If what is contended by the State in its reply is considered in entirety, nothing comes out why if the clarifications were sent to the Pension Department in March, 2005, the matter was not finalised within two years thereafter till November, 2007 when the aforesaid reply was filed. The 4 affidavit of the Assistant Labour Commissioner which is on record merely states that the delay in sanctioning the advanced increments occurred because the matter was initially examined by Assistant Accounts Officer and immediately on receipt of the proposal from him, matter was forwarded to Labour Commissioner who was competent to take decision. The justification is that the delay occurred at the end of the Labour Commissioner but the affidavit is completely silent as to when the Assistant Accounts Officer submitted the proposal and when did the Assistant Labour Commissioner further forwarded it to the Commissioner. If the petitioner had retired on 30.11.2007 and the respondents are acquainted of this fact, they were expected to process the matter with promptitude. The pace with which the matter was processed only reflects careless and callous attitude of the respondents about those who were serving them till sometime ago. The respondents themselves have passed the order on 10.11.2003 and they have failed to give effect to such order. The order has 5 granted the advanced two grade increments from 19.4.1991 but no justification has been furnished why this date was chosen for grant of advance grade increments when the amended rules were enforced on 1.4.1987 which provided that those working as on 1.4.1987 would be entitled to two advacne grade increments. The petitioner was working on 1.4.1987 and at that time he also qualified the conditions of the amended rules. He was therefore entitled to be granted two advance grade increments with effect from 1.4.1987 and consequently the further revision should have been followed. The notification amending the rules was issued on 14.6.1988 and therefore that should have been immediately given effect to. If there is any delay, it was owning to inaction on the part of the respondents. In the result, the writ petition is allowed. The respondents are directed to grant tow advance grade increments to the petitioner with effect from 1.4.1987 and accordingly revise his pay and admissible grade increments from stage to stage and thereafter revise his pension and pay 6 arrears which became due. The petitioner shall be entitled to interest from the date of his retirement till actual payment is made i.e. @ 12% per annum in terms of Rule 89 of the Rajasthan Civil Services (Pension) Rules, 1996. Compliance of the judgement be made within a period of three months from the date of receipt of copy of this judgment. (MOHAMMAD RAFIQ), J. RS/