IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15793 of 2004 KAMALA DEVI, wife of late Ramanand Prasad, resident of Mohalla Purani Gudari, Patel Nagar, P S – Bettiah Town, District-West Champaran ….. Petitioner Versus 1. THE STATE OF BIHAR. 2. The Commissioner cum Secretary, Department of Health, Govt. of Bihar, Patna. 3. The Accountant General, Bihar, Patna. 4. The Director- in-Chief , Health Services, Bihar, Patna. 5. The Civil Surgeon cum Chief Medical Officer, Bettiah, West Champaran. 6. The Incharge Medical Officer, Primary Health Centre, Majhaulia, West Champaran. 7. The District Account Officer, Fixation Section, Finance Department, West Champaran, Bettiah. 8. The Incharge Medical Officer, Primary Health Centre, Bagaha, West Champaran. 9. The Treasury Officer, Bettiah, West Champaran. ……………………Respondents ----------- 04. 28.01.2009 After having had a look at the so-called notification No. 660 dated 8.2.1999 the Court is of the considered opinion that the replacement scale given to the petitioner in the year 1999 was incorrect. The replacement scale ought to have been given as Rs.2650- 4000 and not Rs.3200-4900 which was the scale to a trained Health Worker. This anomaly was pointed out by the office of the Accountant General while fixing the pension of the petitioner by letter dated 31.11.2003. Learned counsel for the petitioner submits that there is no notice or show cause issued to the petitioner prior to an objection being raised on the pay scale, besides all this is being done after the retirement of the petitioner and the petitioner had no role to play in getting the pay scale. The court is not impressed by the second aspect of the - 2 - submission. But so far as notice and opportunity is concerned petitioner ought to be given notice and opportunity of hearing and only when petitioner’s version or explanation is tendered the authority will pass a speaking order and thereafter take consequential steps in this regard. The writ application is allowed to the extent that no recovery would be made in the meanwhile. The respondent authority will hear the petitioner within a period of three months from the date of communication/ production of a copy of this order and decide the issue. rkp (Ajay Kumar Tripathi, J)