AMARESHWAR SAHAY,J - (1.) Heard the learned counsel appearing for the petitioner as well as the learned counsel appearing for the State.
(2.) THE petitioner retired from the service of the State Government on 31.01.2002 as Correspondence Clerk, working in the Public Health Department. His grievance is that after his retirement, by an office order dated 15.01.2005, contained in Annexure -6 to the writ petition, the first time bound promotion given to him on 19.2.1992 w.e.f. 05.11.1989, has illegally been cancelled and consequent thereto that his pension has wrongly been fixed at a lower scale. Learned counsel appearing for the petitioner submitted that in the case of "Nakul Raut Vs State of Jharkhand and Others in C.W.J.C. No. 1998 of 2001  disposed of on 10.09.2001, it has specifically been held by this Court that after retirement and after more than three years of the date of promotion, it is not open to the State to raise the question of legality and propriety of promotion, which has granted in favour of the petitioner while he was in service.
(3.) IT is further submitted that the respondents have no jurisdiction to re -open the legality and propriety of order of promotion given to the petitioner when he was in service and they cannot cancel the promotion given to him. It is further submitted that the respondents cannot fix his pension at a lower scale nor can they cancel promotion nor can they recover the amount. Infact the pension has to be fixed on the basis of the last pay drawn by the petitioner at the time of his retirement. The said judgment passed in C.W.J.C. No. 1998 of 2001 has been annexed as Annexure -7 to this writ petition.;