D.G.R.PATNAIK, J. - (1.) HEARD learned Counsel for the petitioner and JC to GA for the respondent State.
(2.) THE petitioner in this writ application has prayed for the following relief(s). 1. For a direction upon the respondents to fix and pay the pensionary / terminal benefits to the petitioner on the basis of the last pay drawn by him prior to his retirement. 2. To direct the respondents to refund the amount of Rs. 1,13,642/ - which has been recovered from the payable gratuity of the petitioner and also to return a sum of Rs. 33,408/ - which has been recovered from the Leave Encashment amount of the petitioner. The petitioner, who was Assistant Teacher in Government School, had retired from service on 31.1.2006, in the pay scale of Rs. 8,150/ -. His pay scale was fixed at Rs. 8,000/ - with effect from 1.4.2001 and after stagnation period of two years, an increment of Rs. 150/ - was added to his pay scale and was fixed thereafter at Rs. 8,150/ - per month.
(3.) SUBSEQUENT to the date of his retirement, instead of fixing the pension payable to the petitioner on the basis of the scale on which he had last drawn his salary, the respondent, by the office order dated 29.5.2006 (Annexure -2), had refixed the petitioner's salary in the scale of Rs. 8,000/ - per month and have recovered a sum of Rs. 1,13,642/ - from his gratuity and a further amount of Rs. 33,408/ - from his Leave Encashment amount.;