J.C.S. Rawat, J. - (1.) BOTH the parties are ready to dispose of the writ petition at the admission stage itself. Counter affidavit and rejoinder have been received.
(2.) THIS writ petition has been filed by the Petitioner for quashing annexure -4, which is an order dated 11.8.2004 issued by the Respondents directing to recover the amount of salary paid to the Petitioner in higher scale as the first time -bound promotion allowed to the Petitioner w.e.f. 1.4.1981 in the pay -scale of Rs. 850 - 1360/ - on it being irregular and inadmissible scale of pay on that account of being Rs. 785 - 1210/ -. The Petitioner has further sought a prayer to quash annexure -5 to the writ petition which is an order dated 27.8.2004 by which Respondent No. 3 has unlawfully deducted a sum of Rs. 27,644.65 from the amount of leave encashment of the Petitioner. It was further prayed to by the Petitioner release the said amount with statutory interest which has been illegally deducted by the Respondents. The Petitioner superannuated from as Senior Drawing Instructor, Industrial Training Institute (General), Ranchi on 29th February, 2004. The Petitioner has alleged that Respondent No. 2 accorded the sanction for payment of an amount equivalent to 240 days of untilised earned leave balance to the credit of the Petitioner on the date of his retirement. He has further stated that on 11.8.2004, Respondent No. 2 passed an order that his first time -bound promotion allowed to the Petitioner in the pay scale of Rs. 850 - - 1360/ - w.e.f. 1.4.1981 was irregular and the Petitioner was only entitled to a lower pay scale of Rs. 785 - 1210/ - from the same date and accordingly the difference of pay was directed to be recovered from the Petitioner. When the recovery was started to be made, the present Petitioner preferred this writ petition before this Court for the aforementioned reliefs.
(3.) RESPONDENT Nos. 1, 2 and 3 have filed a joint counter affidavit stating therein that the Petitioner who has prayed for quashing the annexures 4 and 5 in his writ petition is not maintainable because his pay scale was wrongly fixed at a higher scale; hence, the Department is entitled to make the recovery from the Petitioner.;