DEVENDRA PRATAP SINGH,J. - (1.) HEARD learned counsel for the petitioner and the learned Standing counsel.
(2.) THE petitioner was initially appointed as Assistant Agriculture Extension Inspector in the Irrigation Department on 18.8.1970 in the scale of 120-220. On the abolition of that cadre, he was retrenched on 2.2.1976 but on 3.2.1976 he was absorbed in the Agriculture Department as Tubewell Operator. However, from 17.5.1980 he was again allowed to work as Assistant Agriculture Extension Inspector in view of Government Order dated 10.12.1973. He was granted selection grade w.e.f. 1.7.1985 and promotional pay scale w.e.f. 1.7.1991 by the competent authority and retired on 30.3.2004 from the pay scale 6650-7400 drawing a salary of Rs. 9858/-. Accordingly, the pension and other papers relating to other retiral dues were sent to the office of Additional Director of Treasury and Pension for issuing the payment orders. However, it was returned refixing his salary on a lower scale and the last drawn salary as Rs. 6200/- and asking the department to do likewise and to adjust Rs. 40,000/- as excess payment from the gratuity payable to the petitioner vide its letter dated 31.8.2004. The Department, vide its order dated 28.4.2005, justified the pay scales already granted and requested that no adjustment be made, thus forcing the petitioner to file the present petition to release all the retiral dues in accordance with the earlier pay fixation and accordingly release pension on the basis of last pay actually drawn.
(3.) IT is urged that the respondents could not have refixed his scale after decades and that too without any notice or opportunity especially when there is no allegation that the petitioner was in any way responsible for his pay fixation.;