Pramath Patnaik, J. - (1.) In the aforesaid writ application, the petitioner has inter alia prayed for issuance of a writ of certiorari for quashing the letter dated 13.6.2014 issued by respondent No. 3whereby the respondent authorities have wrongly fixed the last pay drawn by the petitioner and for issuance of writ of mandamus commanding upon the respondents to pay the Leave Salary, Gratuity and Retiral Benefits; and also for direction upon the respondents to fix the pension of the petitioner in the scale of last pay drawn by the petitioner on the day of retirement i.e. 32,400/ -. The factual matrix as delineated in the writ application in a nutshell is that initially on 1.3.1975 the petitioner was appointed as Block Statistical Supervisor at Jagdishpur Block, Arrah and on 1.3.1985 petitioner was given time bound promotion. Thereafter, on 1.2.1996 the petitioner was given regular promotion on the post of Assistant Statistical Officer and on 9.8.1999 the petitioner was given 2nd ACP. On 1.9.2008 when Modified Assured Career Progression came into existence petitioner was granted the pay scale with a grade pay of Rs. 5,400/ -. After 14 years in 2010 an amendment was made by the department regarding rectification of the regular promotion from 1st July, 1996 and the petitioner was intimated regarding wrong fixation of pay. The petitioner submitted his reply denying the allegations. Just prior to couple of days of retirement, the petitioner received a letter of wrong fixation of pay scales and the petitioner submitted his reply denying wrong fixation of pay.
(2.) Being aggrieved by the wrong fixation of pay and non -payment of retiral benefits and recovery of excess payment the petitioner left with no alternative, efficacious and speedy remedy, has approached this Court invoking extraordinary jurisdiction under Article 226 of the Constitution of India for redressal of his grievances.
(3.) Per contra, a counter affidavit has been filed on behalf of respondents controverting the averments made in the writ application. In the counter affidavit, it has been inter alia submitted that in view of provisions of resolution dated 8.2.1999 of Finance Department, Government of Bihar, the Directorate of Economics and Statistics, Planning and Development Department, Government of Bihar reviewed the entire matter and ordered vide order dated 22.2.2010 that 78 promoted Assistant Statistical Officers including the petitioner are adjusted against the need based vacant identified post of Assistant Statistical Officers with effect from 1.7.1996. Consequently, in the same order it was ordered that excess salary amount drawn/received due to must be recovered from them. In view of the implementation of the order dated 22.2.2010 of Directorate of Economics and Statistics, Bihar and letter dated 18.7.2011 of Directorate of Economics and Statistics, Government of Jharkhand the excess amount paid to other employees similar to the petitioner namely Sri Surendra Mohan Upadhyay and Sri Vinod Shankar Prasad was recovered on 8.6.2013. It has further been submitted that in view of the said pay fixation charts the last pay drawn before the retirement of the petitioner on 30.6.2014 stands as 31,450/ -. It has further been submitted in the counter affidavit that District Statistical Officer, Godda has calculated the amount amounting to Rs. 2,27,951/ - to be recovered from the petitioner and issued the office order dated 30.04.2015 vide Annexure -9 to the writ application. Regarding post retiral benefits of the petitioner, it has been submitted that the Group Insurance amount of Rs. 2,12,998/ - has been paid to the petitioner. General Provident Fund of Rs. 23,09,002/ - has been paid to the petitioner and Leave Salary of Rs. 6,29,000/ - has already been paid to the petitioner and so far as Pension and Gratuity are concerned the special seal authority on 17.2.2015 for pension and gratuity payment related to the petitioner have already been issued by the office of the Accountant General, Jharkhand, Ranchi and the Accountant General, Jharkhand has already requested the Accountant General, Bihar vide letter dated 10.4.2015 for correction of pension of the petitioner on the basis of last pay corrected as 31,450/ -. It has further been submitted that the respondents have taken the corrective measures in accordance with the State Government Rules/Provisions.;