Aparesh Kumar Singh, J. - (1.) HEARD learned counsel for the parties. The petitioner had retired on 31.7.2000 while working as senior clerk in the Ranchi Collectorate, Ranchi. It is the contention of the petitioner that after his retirement he was granted the benefit of ACP by the Deputy Commissioner, Ranchi, vide order as contained in memo No. 258 dated 25.7.2003. Taking into account such grant of ACP, his pension was revised by the office of the Accountant General vide memo No. 8377 dated 31.7.2007 and fixed at Rs. 3877/ -, Annexure -2. However, the petitioner was surprised to know the order issued under memo No. 7532 dated 26.2.2010 passed by the office of the Accountant General, Jharkhand, Ranchi, whereby the pension of the petitioner has been reduced to Rs. 3567/ - w.e.f. 15.11.2000 and the amount already paid was directed to be adjusted. The petitioner preferred a representation before the office of Accountant General, Ranchi and after failure of response to take any action, has moved this Court with a prayer to restrain the respondents from recovering his pension w.e.f. 15.11.2000 and also to restore his pension at Rs. 3877/ -, which was sanctioned by memo No. 1837 dated 31.7.2007. It is the contention of the petitioner that this has been done without any notice and without following any procedure under Rule 43(b) of the Pension Rules.
(2.) THE Deputy Commissioner, Ranchi has filed a counter affidavit in response. Counsel for the respondent -State submits that representations were made by other employees alleging that the petitioner and one Jugal Prasad had been drawing more pension other than them. Thereafter the case of the petitioner was examined and it was found that he was drawing the last pay at Rs. 7133/ - in the pay scale of Rs. 4000 to 6000/ - while working as senior clerk in Ranchi Collectorate, Ranchi. Accordingly, his pension was fixed at Rs. 3567/ - vide pension order dated 2.8.2001 issued by the Accountant General, Jharkhand. The petitioner was, however, promoted on need based post w.e.f. 1.2.1997 vide memo No. 257 dated 23.10.2001 issued by the Deputy Commissioner, Ranchi in the scale of Rs. 5000 to 8000/ -. He was sanctioned the benefit of second ACP in the scale of Rs. 5500 to 9000/ - and after obtaining confirmation from the Divisional Commissioner, Ranchi, his case was referred to the office of the Accountant General, Jharkhand for revision of his pension. Thereafter his pension was revised at Rs. 3877/ - by the office of the Accountant General, Jharkhand, Ranchi. Consequent upon the need based post promotion and the benefit of second ACP, the respondents have taken a stand that such fixation of the pay of the petitioner upon grant of such promotion was incorrectly made and, therefore, the fixation of his pay scale has again been re -examined and revised vide memo No. 7532 dated 26.2.2010 by the office of the Accountant General reducing his pension.
(3.) FROM the statements made on behalf of the respondents, it, however, appears that before reducing the pension of the petitioner no show cause notice was issued to him. The petitioner has made a representation before the respondents, which has also not been responded to.;