AMARESHWAR SAHAY, J. - (1.) THE prayer of the petitioner in this writ application are the following : - - (1) To quash Annexure -3 dated 21.10.2002, whereby the time bound promotion given to the petitioner with effect from 01.04.1981 in the pay -scale of Rs. 680 -695 granted on 20.11.1986 was cancelled after the retirement of the petitioner from service on 30.09.2000. (2) To restrain the respondents from realising the amount received by the petitioner on account of time bound promotion. (3) To direct the respondents to fix final pension of the petitioner as per the last pay drawn by him before retirement.
(2.) THE petitioner retired as Head Clerk from the Mines Department on 30.09.2000. He was given time bound promotion on 20.11.1986 with effect from 1.4.1981 in the pay scale of 680 -695. For fixing the final pension of the petitioner, the original service book of the petitioner was sent to the Accountant General. Bihar Patna. It is said that the Account General, Bihar returned the pension paper etc. to the District Mining Officer, Pakur with an objection that the first time bound promotion given to the petitioner was against the rules, because the petitioner had not clear the accounts examination, which was a must for having time bound promotion and the said fact was not entered in his service book. It is said that by issue of Annexure -6 dated 21.10.2002, the Government of Jharkhand after considering the objection of the Accountant General cancelled the time bound promotion given to the petitioner and also directed that the access amount received by the petitioner pursuant to the said promotion would be deducted from his Gratuity and other pensionary benefits. This order as contained in Annexure -3 is under challenge in this writ application. It is submitted by the learned counsel for the petitioner that the said time bound promotion was given to the petitioner, not on the basis of any mis -representation or fraud committed by him and, therefore, the order for realisation of the so called excess amount, from his Gratuity and other pensionary benefits is absolutely illegal in view of the decision of the Apex Court in the case of Sahib Ram V/s. State of Haryana and Ors., reported in 1995 Supp (I) SCC 18.
(3.) IT is further submitted by the learned counsel for the petitioner that the pension of the petitioner has to be fixed on the basis of last pay drawn by him on the date of his retirement and further that after his retirement from service, the time bound promotion given to the petitioner in the year 1986 cannot be cancelled.;