- (1.) HEARD counsel for the parties.
(2.) THE petitioner is aggrieved as his pension has been reduced in the year 1999 about more than five years after his retirement in the year 1994 on the scale of Rs. 975 -1540, although at the time of his retirement, he was enjoying the scale of Rs. 1500 -2750 which was continuing from his previous employer i.e. Bhagalpur University itself. According to the petitioner, he was appointed in the year 1961 on the post of Physical Training Instructor in S.P. College, Dumka and the said college was taken as constituent Unit of Bhagalpur University with effect from 1st of April 1975 itself where the petitioner had continued to work as Class -III employee under the said university. However, in the year 1992, Bhagalpur University was truncated and a separate Sidhu Kanhu University was created, as a result of which the petitioner's services come under the newly created Sidhu Kanhu University. The petitioner's salary was fixed in the scale of 1500 -2750 while he was in the services of Bhagalpur University on the basis of 4th Pay Revision and he finally superannuated from the said college on 31st December 1994. His pension was also fixed on the basis of the last pay drawn by him and he continued to enjoy the same till he was taken by shock by the impugned action of the respondent University.
(3.) THE respondent University have appeared and filed their counter affidavit. The fact that the petitioner was enjoying the pay scale of 1500 -2750 with effect from 1st of January 1986 vide fixation done on 26th May 1990 under the then Bhagalpur University in the year 1992, has been admitted on their part. However, they have taken a stand that after creation of Sidhu Kanhu University in the year 1992, the university in the year 1999 refixed the pay scale of its teaching / non -teaching employee in the light of letter no. 841 dated 13th of April 1991 issued by the State of Bihar which was mandatory upon them. In the light of the said letter, the petitioner's last pay drawn has been reduced from the pay scale of Rs. 1500 -2750 to Rs 975 -1540 of course in the year 1999. Respondents do not dispute that the petitioner's pension was fixed in the scale of Rs. 1500 -2750 at the time of his superannuation and the same had continued till the year 1999 when the impugned action was taken.;