GURUSHARAN SHARMA, J. - (1.) THE petitioner served Indian Air Force from the year 1965 to 1970 and thereafter was released therefrom on medical grounds. He was re -employed on non - gazetted post as Secretary, Zila Sainik Board and was posted at Chaibasa in the year 1981. Later on such post was up -graded from non -gazetted to gazetted Class - II with effect from 1.1.1984. At the time of joining on the post of Secretary on 20.4.1981, his pay scale was revised in new pay scale of Rs. 850 -1360/ - as basic pay, which was higher than the last pay drawn by him, so the petitioner was not entitled to take the pay fixation benefit. As per Bihar Service Code, there was no provision for counting former services of the petitioner.
(2.) ON the recommendation of the Deputy Commissioner, Singhbhum at Chaibasa, on various charges levelled against the petitioner he was suspended in contemplation of: the departmental proceeding. A departmental proceeding was initiated, against him and was concluded holding him guilty all the charges. Petitioners behaviour and working always created problems to the department as well as he made so many financial irregularities. A criminal case was also filed against the petitioner for defalcation of Government money. He was compulsorily retired on 28.9.1991. He did not file any representation/appeal against the said order. However, after lapse of one and half years the present Writ application was filed by him.
(3.) THE respondents filed counter affidavit, inter alia stating therein that the petitioner was not entitled to the benefit of pay fixation because his last pay was lower than the pay scale of the post in which he had drawn his pay. He never got any financial loss in connection with his seniority. The respondents challenged the maintainability of the writ application directly against the order of petitioners compulsory retirement, without exhausting his remedy of statutory appeal and representation.;