S.J.MUKHOPADHAYA, J. - (1.) THIS writ petition has been preferred by the petitioner against the order issued under Memo No. 56 (i), dated 31st May, 2003, whereby and whereunder, while the respondents fixed the leave salary of the petitioner of 240 days, also ordered to deduct a sum of Rs. 1,09,903/ - which has been paid in excess.
(2.) ACCORDING to the petitioner, he was in the junior selection grade scale of Supply Inspector in the un -revised scale of Rs. 1800 - 3300.00 which is also the scale of the post of Marketing Officer and was rightly provided with the replaced scale of Rs. 6500 - 10,500.00 , w.e.f. 1st January 1996 and retired on 28th February, 2003. He having received the salary in the revised scale of Rs. 6500 -10,500.00 , the respondents should have fixed the retiral benefits on such basis and cannot recover any amount. The impugned order issued under Memo No. 56(i), dated 31st May, 2003 has been issued without any notice and hearing to the petitioner. The stand taken by the respondents is that the petitioner was wrongly provided the replaced Scale of Rs. 6500 -10,500.00 . He being a Supply Inspector was entitled for replaced scale of Rs. 5000 -8000.00 , such mistake having been committed, excess amount paid has been adjusted from the retiral benefits of the petitioner.
(3.) FROM the pleadings made by the parties, it appears that the petitioner was appointed as Supply Inspector on 18th August, 1966 and he was granted 1st time bound promotion w.e.f. 1st April, 1981 vide Letter No. 10278, dated 28th October, 1986. At his stage, the scale of pay of Junior Selection Grade of Supply Inspector was Rs. 880 -1510 which was subsequently revised by Government Resolution dated 18th December, 1989, but he was allowed lower revised scale of Rs. 1600 -2780. Later on when it came to the notice of the State that by mistake the lower revised scale of Rs. 1600 -2780 was provided to the Selection Grade Supply Inspector, the Government of Bihar, Department of Food, Supply and Commerce issued letter No. 339, dated 19th January, 1991, whereby an whereunder, the Junior Selection Grade Supply Inspector was provided with the pay scale of Rs. 1800 -3332 w.e.f. 1st January, 1986 which was the scale of Marketing Officer. The pay scale was subsequently revised on the basis of the recommendation of the Fitment Committee w.e.f. 1st January, 1996 by the Government of Bihar vide Finance Department Resolution No. 3M -2 -5 -VE -P.U. -01/99 -660 (F - 2), dated 8th February, 1999. By the said resolution, it was decided to abolish the existing facility of time bound promotion and the following order was passed : "The State Government have decided to abolish the existing facilities of Time Bound Promotions and Selection Grades, discussed in paras 10 and 12 of FD Resolution No. 6021, dated 18th December, 1989 and they shall cases to be applicable with effect from 1st January, 1996 and thereafter in the existing pay scales. If any such promotion, however, is due under the Rules before 1st January, 1996, it shall be given and the payment of arrears in the existing scale shall be made only upto 31st December, 1995 after which the promotion would be deemed to have been automatically terminated. While fixing pay in the revised scales, such promotions given after 31st December, 1995 will not be taken into consideration. If such promotions have been given after 31st December, 1995 then the question of adjustment of such additional emoluments obtained in the process, will be decided after the Fitment Committee submits its recommendations on promotion Policy. Promotion to any vacancy of a post identified as 'need based post ' would be admissible. The procedure for identification of such need based posts has been set out in paragraph 12." ;