S.N. Pathak, J. - (1.) Heard learned counsel for the petitioner and learned counsel for the respondents.
(2.) Petitioner has approached this Court with following prayers:- (I) For quashing of letter dated 18.06.2016 by which the AGP (for short "Academic Grade Pay") granted to the petitioner to the tune of Rs.7000 to Rs.8000 has been recovered behind the back of the petitioner, on the ground that only such persons who have been promoted, are entitled for the AGP. (II) For declaring the action of the respondent authorities in recovering the AGP already granted to the petitioner as illegal, as the AGP has been granted to the petitioner legally in terms of the 6th Pay Revision and there is no misrepresentation on the part of the petitioner in getting the said AGP. (III) For a direction upon the respondents to refund the amount recovered behind the back of the petitioner immediately and accordingly re-fix the pension of the petitioner.
(3.) The factual exposition as has been delineated in the writ petition is that the petitioner was appointed on 03.01.1983 in the department of Sanskrit in Markham College of Commerce, Hazaribagh as Lecturer against which post the recommendation was sent on 15.12.1983 that is before cut-off date i.e. 30.04.1986. However, now the nomenclature of the Lecturer has been changed as Assistant Professor. The petitioner has obtained Ph.D. degree in the year 1988 and completed continuous service in the department as per statute and retired on 31.03.2016. The petitioner has been granted AGP of Rs.7000 w.e.f. 2006 in terms of 6th Pay Revision. Thereafter, the petitioner has completed more than five years of the service and as the petitioner was a Ph.D. holder, as per the norms of UGC, he has been granted the AGP of Rs.8000/- in year 2014 w.e.f. 2011. Thereafter, petitioner got superannuated from service and after that, he was getting pension of Rs.49,100 but subsequently after recovery, it has been reduced to Rs.43,000/- without issuance of any show-cause to him. Though he was entitled for gratuity to the tune of Rs.5,50,000/- but was given Rs.3,00,000/- only and Rs.2,50,000/- has been recovered from him that too without giving any notice to the petitioner. It is further case of the petitioner that from perusal of impugned letter dated 18.06.2016 along with UGC's recommendations dated 31.12.2008, it would transpire that the person entering into the teaching profession in the Universities and Colleges shall be designated as Assistant Professor and shall be placed in pay-band of Rs.15600 to 34100 with AGP of Rs.6000/-. Similarly, the lecturer already in service in pre-revised scale of Rs.8000-13500 shall be re-designated as Assistant Professor with the said AGP of Rs.6000; Assistant Professor, who have completed four years of service and possessing Ph.D. degree in the relevant discipline shall be eligible for moving-up to AGP of Rs.7000; Further, Assistant Professor who has completed 5 years of service in the AGP of Rs.7000/- shall be eligible to move-up to AGP of Rs.8000/- subject to other requirements laid down by the UGC and admittedly, in terms of Clause-2 and UGC's letter dated 31.12.2008, petitioner got the AGP of Rs.8000/- and there is nothing like work promotion. When the impugned letter dated 18.06.2016 was passed, the petitioner made several representations but all went in vain. Hence, the petitioner has approached this Hon'ble Court for redressal of his grievances. ;