TAPEN SEN, J. - (1.) HEARD Mr. T.K. Das and Mr. Rajesh Shankar, learned counsel for the respective parties.
(2.) THE Substitution Application filed on 27.9.2000 is allowed and heirs of Late Jai Narayan Jha who was the original petitioner in the instant case and who died on 13.3.1999 to be treated as petitioners. This writ application is directed against, the order dated 14.12.1994 as contained at Annexure 3 by which the respondent No. 2 refixed the pay of Jay Narayan Jha (original petitioner). The other order dated 1.9.1995 as contained at Annexure 5 is also, under challenge the reason whereof the respondent No. 2 revised the pension and gratuity sectioned to Jay Narayan Jha (original petitioner) on the ground that he had passed the Hindi Noting and Drafting. Examination and also directed that any excess amount drawn by him on account of an earlier order of fixation of pay shall be recovered from the concerned employee, i.e., Jay Narayan Jha.
(3.) FROM the facts pleaded in the writ application, it appears that Jay Narayan Jha had been appointed on 14.2.1956 by the Board as a Messenger whereafter he was transferred in the year 1960 and posted as a Tracer in the Transmission Circle at Ranchi, Though being senior most Tracer, he was not given any promotion in the post of Draftsman. Consequently, he filed a representation whereafter, by an order dated 9.12.1980, the respondent No. 2 redesignated him as a Despatch Clerk with retrospective effect vide Annexure 1. He superannuated on 31.1.1993 and 11 (eleven) months thereafter on 6.11.1993 the respondent No. 2 fixed his pension at Rs. 1038/ - per month with effect from 1.2.1993 together with Dearness Allowance and admissible reliefs. A sum of Rs. 34,650.00 was also allowed towards Gratuity. The order dated 6.11.1993 is Annexure 2 to the writ application. The petitioner received the entire amount of Gratuity and also started receiving pension up to March 1995 whereafter he did not receive any further pension. At paragraph 12 it has been stated that Jay Narayan Jha subsequently came to learn that his pension had been withheld on account of an Office Order dated 14.12.1994 (Impugned Annexure 3) whereby and whereunder his pay had been refixed on the ground that he had not passed the Hindi Noting and Drafting Examination.;