Aparesh Kumar Singh, J. - (1.) HEARD learned counsel for the petitioner, the State and the Accountant General.
(2.) THE petitioner has sought quashing of the order contained in Memo No. 765 dated 23.09.2003 issued by the Director, Department of Labour. Employment & Training, Government of Jharkhand, Annexure -2 whereunder, the scale of pay of Rs. 850 -1360/ - granted on confirmation of first time bound promotion w.e.f. 01.04.1981 by Directorate letter No. 2064 dated 07.08.1992 has been revoked by fixing the scale of the petitioner in the scale of Rs. 730 -1210/ - w.e.f. from the same date i.e. 01.04.1981 and the amount paid excess has been sought to be recovered. The impugned order has been issued after his retirement on 31.01.2003 from the post of Instructor (Turner) in the Industrial Training Institute at Dhanbad under the respondent -Department. The petitioner had joined the service on 14.06.1967 on the same post at Industrial Training Institute at Bhagalpur and after serving since then superannuated on 31.01.2003. The petitioner consequently sought for finalization of his pension, gratuity and leave encashment due to him. He also sought for grant of the benefit of ACP as are admissible to him.
(3.) ACCORDING to the petitioner, the impugned order has been passed after his retirement without any show cause and without any fraud or misrepresentation on his part at the time when the said scale was conferred upon him by conscious decision of the respondent authorities.;