AMARESHWAR SAHAY, J. - (1.) HEARD the parties.
(2.) THE prayer of the petitioner in this writ application is for quashing the letter No. Pen 4 -2578 dated 4.2.2002, issued by the Accountant General, Bihar & Jharkhand whereby the pension of the petitioner has been reduced and fixed on the basis of the pay scale of Rs. 4000 -6000 in place of Rs. 5000 -8000. Further prayer is for direction to the concerned respondent to fix the pension of the petitioner on the basis of last pay drawn by the petitioner in the pay scale of Rs. 5000 -8000.00 which was granted to him by virtue of Government circular dated 15.3.1991 in the light of the judgment and order passed by Patna High Court in C.W.J.C. No. 2458/87 and C.W.J.C. No. 4781/82. The case of the petitioner is that he was appointed and posted as Auxiliary Health Worker at Primary Health Centre, Ramgarh and he retired from service on 31.7.1997. In the year 1965 one post of Block Extension Educator was created for each Block under the control of the Health Department and it was decided that the trained Auxiliary Health Worker would be absorbed against those posts as the requisite qualification for appointment to the post of Auxiliary Health Worker and Extension Educator were the same and the payscale of both the posts were also the same and, therefore, both the posts were treated equivalent and accordingly inter -se transfer were also been made on the said post.
(3.) THE further case of the petitioner is that a dispute arose after recommendation of the Fourth Pay Revision Committee thereby the Block Extension Educator was allowed the scale of Rs. 785 - 1210.00 but the Auxiliary Health Worker was allowed a lower scale of Rs. 680 -965/ -. The Auxiliary Health Worker challenged the same before Patna High Court in C.W.J.C. No. 4781/82 and the High Court by judgment/order dated 2.1.1986 allowed the said writ application with a direction to the respondent to pay the salary and other service benefit as available to the Block Extension Educator w.e.f. 1.4.1981. The judgment of the High Court has been annexed as Annexure -1 to the writ application.;