PERMOD KOHLI,J. - (1.) PETITIONER is aggrieved by a communication dated 19th of April, 2002, issued by the Accountant General (A&E;) -II, Bihar and Jharkhand, Patna fixing his pension in the pay -scale of Rs. 4,000 -6,000/ - and also the memo. No. 63 dated 21st May, 2000, whereby amount of Rs. 22,298/ - has been deducted from his gratuity. Accordingly a direction is sought for quashing the recovery memo as also the communication for fixation of the pension in the lower pay -scale and consequential direction for payment of the pensionary benefits in the pay -scale of Rs. 5,000 -8,000/ -.
(2.) BRIEFLY stated sequence of events whereunder petitioner now a retired Government servant earned these promotions and pay -scales is as under: Petitioner joined as Head Clerk -cum -Store Keeper on his appointment on 14th of September, 1966 in the pay scale of Rs. 150 -200/ -in the Office of the Assistant Director of Industries, Quality Marking, Tirhut. He was made permanent on 01st of April, 1974. He was placed in the revised pay -scale of Rs. 580 -860/ - on 01st of April, 1981 and again in the pay -scale of Rs. 680 -965/ - pursuant to the time bound promotion given to him vide letter No. 158 dated 10th of February, 1985. Pay -scale of Rs. 680 -965/ - was replaced by pay -scale of Rs. 730 -1080/ - vide order dated 08th of April, 1987. Thereafter petitioner was promoted in the pay -scale of Rs. 785 -1210/ - with effect from 01.04.1984 vide letter No. 2335/Patna dated 16th of August, 1988. This Pay -scale was again replaced by a scale of Rs. 1400 -2600/ -. On the recommendations of the 6th Pay Revision Commission, pay scale of Rs. 1400 -2600/ - was further replaced by new pay scale of Rs. 4500 -7000/ -. Petitioner continued to draw salary in this pay -scale and retired from service on 31st December, 2000. It is alleged that Special Secretary, Department of Finance vide his letter dated 28th of September, 2000 has asked all the District Collectors/Magistrates to place the Head Clerks and others in the pay -scale of Rs. 5,000 -8,000/ - with effect from 01.01.1996. After the petitioner's retirement, when his pension papers were in progress, the Accountant General (A&E;) II, Bihar and Jharkhand, Patna vide his letter dated 19th of April, 2002 informed the Director of Industries that the petitioner was wrongly given pay -scale of Rs. 4500 -7000/ -. This pay -scale could have been given only if his promotion is need -based. It was also stated that the pension of the petitioner is being fixed in the pay -scale of Rs. 4,000 -6,000/ - and excess amount paid to him is required to be recovered. On receipt of the aforesaid communication, Director of Industries vide his memo. No. 864 dated 14th of March, 2002 informed the Accountant General that petitioner was entitled to pay -scale of Rs. 4500 -7000/ -, which is according to the rules and this pay -scale was also approved and given to the petitioner by the Finance Department vide order No. 660 dated 08th of February, 1999. It is further mentioned that this pay -scale was given to the petitioner, who was appointed as Head Clerk -cum -Store Keeper on permanent basis. It is further mentioned that under the departmental order No. 446 dated 24th of March, 1997, Head Clerk -cum -Store Keeper is entitled to this pay -scale. It appears that despite this communication, vide memo. No. 63 dated 21st of May, 2000 an amount of Rs. 22,298/ - has been deducted from the gratuity of the petitioner, being excess payment paid to him and petitioner's pension was ordered to be fixed in the pay -scale of Rs. 4,000 -6,000/ -. The only question that needs to be considered is whether the petitioner was entitled to pay -scale of Rs. 4500 -7,000/ -. The State of Bihar in the counter affidavit filed has specifically stated that pay of the petitioner was fixed in the pay -scale of Rs. 4500 -7,000/ -, according to Resolution No. 660 dated 08.02.1999 of the Finance Department as per the recommendations of the Fitment Committee and this fixation of pay was verified by the Finance Department and there is no justification for marking the post as need -based. The Director of Industries, Jharkhand also clarified the decision by order No. 589 dated 24th of February, 2003 stating, therein that the post is need -based one and directed the said Assistant Director (Q.M.), Chhotanagpur Division, Ranchi to enter it into the service Book of the petitioner and sent it to the A.G. (A and E), Jharkhand, Ranchi for revision of the retiral benefits in favour of the petitioner.
(3.) ONLY objection raised by the Accountant General is that the pay -scale of Rs. 4500 -7000/ - was payable only if the post was need -based. This plea is based upon Para. 12 of the Resolution No. 660 dated 08th February, 1999.;