Tapen Sen, J. - (1.) The orders dated 12.10.2001 as contained at Annexure 1 and 1/1 (Memo No. Pen -311 -10842 and Pen -1/GPO/10845) passed by the Accountant General, Bihar, Patna fixing the pension and gratuity of the petitioner on a lower seale instead of Rs. 5,700/ - p.a, have been challenged in this writ application and a prayer has been made for a direction that the respondents should be directed to fix his pension on the basis of last pay drawn and gratuity should also be fixed accordingly and proportionately. The petitioner has also prayed for a direction that the respondents be directed to pay part arrears of salary in the new revised scale from 1.1.96 and to pay arrears as per Annexure 2 from 8.7.91 on the basis of first time bound promotion.
(2.) The petitioner has stated that he retired from the post of correspondence Assistant (clerk) on 31.8.1999 from the office of the Executive Engineer, Road Construction Department, Dumka Division, Dumka. He has also stated that he had also passed Primary Accounts Paper I and II held in October, 1990 and the results were published on 27.7.91. The petitioner has also stated that he passed the Primary Accounts Paper No. I arid II also which was communicated to the respondent No. 6 by letter dared 5.10.1991. He was granted first time bound promotion in the scale of Rs. 1,320 - -2,040/ -from 8.7.1991 and that promotion was revised to Rs. 1,400 - -2,300/ - instead of Rs. 1,320 - -2,040/ - by Annexure 2 and therefore, he says that he is entitled to the arrears pertaining to that scale also. At para 8 the petitioner has stated that the respondents have not paid him part of gratuity, the arrears of new revised scale from 1.1.96, arrear of salary as per Annexure 2 and that there is neither any departmental proceeding nor any criminal proceeding pending against the petitioner. At para 9 the petitioner has stated that Accountant General (Respondent No. 2) has issued a letter to the respondent No. 7 returning the service book of the petitioner vide Annexure 3 on the ground that there was no entry regarding passing of the Accounts Examination in the service book of the petitioner. The petitioner has stated that he had drawn the attention of the respondent No. 7 in relation to the aforementioned letter of the Accountant General and he has stated that as per the order of the Hon'ble Patna High Court passed in the case of Jai Krishna Jha. for purposes of time bound promotion passing of a departmental examination is not necessary. He has stated that necessary action be taken so that his grievances are redressed.
(3.) The petitioner has stated that although he superannuated on 31.8.1999 and provisional pension was granted upto November, 2000 but thereafter it has been stopped and the petitioner is starving and facing hardship. The petitioner has also stated that he has come to learn that the respondent No. 7 had already sent the service book to the respondent No. 2 but without making any correction and entries regarding passing of the Accounts examination. According to petitioner, such acts are harassing in nature and, therefore, he is entitled to the relief that he has prayed for. Finally the petitioner has stated that earlier he has filed a writ petition being W.P. (S) No. 3047/2001 and an Hon'ble single Judge of this Court had disposed off the writ petition by order dated 16.7.2001 (Annexure 6/1) directing the respondents to finalise the matter in the manner indicated in the said order.;