PRAMATH PATNAIK, J. - (1.) In the accompanied writ application, the petitioner has made prayer for quashing the office order dated 16.10.2007 (Annexure-9) issued by respondent no.2 pertaining to refixation of pay in the lower scale and for recovery of the excess amount. The petitioner has further prayed for direction to the respondents to fix pension finally after refixing of pay scale of Rs. 6500-200-10500/- w.e.f. 15.11.2000 alongwith payment of arrears and payment of G.P.F. amount with interest.
(2.) The brief facts as has been averred in the writ application is that initially the petitioner joined in the year 1984 as Supervisor (Mech) at Bacon Factory, Ranchi. After completion of 10 years of service, the petitioner has been granted 1st Time Bound Promotion in the year 1994 in the scale of Rs. 2600-75-2900/-. In the year 2005 vide office order issued by respondent no.2 the pay scale of the petitioner was fixed and confirmed as Rs. 5000-150- 8000/-. Subsequently office order dated 28.05.2005 issued by respondent no.2 pertaining to fixation of pay scale as per column-8 of the chart of 3rd and 4th grade employee on their completion of 12 and 24 years of service. In pursuance to the said office order, a resolution dated 13.10.2005 issued by the Finance Department wherein the First and Second Finance Pay Scale has been fixed as Rs. 6500-10,500/- and Rs. 10,000/- 15,200/- as per Annexure-4 to the writ petition. In pursuance to the said resolution the petitioner submitted representation on 28.11.2005 before the respondent no.2 for grant of the aforesaid scale as evident from Annexure-5 to the writ application and the said representation was followed with another representation dated 29.05.2006. On the basis of resolution dated 13.10.2005 and in consideration of the representation of the petitioner, the scale of the petitioner has been refixed as Rs. 6500-10,500/- w.e.f. 5.11.2000 in place of Rs. 5500-175-9000/- and vide order dated 19.10.2006 all the arrears were paid to the petitioner. Just before a couple of month prior to retirement the respondent no.2 issued order dated 16.10.2007 vide Annexure-9 to the writ application reducing the scale of pay of the petitioner and directing for recovery of the excess amount paid to the petitioner since 15.11.2000 vide Annexure-9 to the writ application which is impugned in this writ petition. Immediately after the impugned order, the petitioner submitted representations vide Annexure s-10, 11, 12 and 13. Being aggrieved by and dissatisfied with the impugned order vide Annexure-9 to the writ petition and due to inaction of the respondents, the petitioner left with no other alternative, efficacious and speedy remedy has knocked the doors of this Court under Article 226 of the Constitution of India for redressal of his grievances.
(3.) Learned senior counsel on behalf of the petitioner has vehemently submitted that the impugned order vide Annexure-9 in reducing the pay scale of the petitioner without issuance of show cause notice is nonest in the eye of law. Learned senior counsel further submits that the action of the respondents in passing the impugned order has resulted in civil consequences which is not sustainable in the eye of law. Learned senior counsel further submits that the petitioner has been subjected to gross prejudice which is not only illegal but also arbitrary and amounts to colourable exercise of power in breach of Article 14, 16 and 21 of the Constitution of India. During course of hearing learned counsel for the petitioner has referred to decision as reported in W.P. (S) No.6878 of 2005 which has been confirmed in L.P.A No.364 of 2013 vide order dated 5th January, 2015.;