IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14772 of 2006 GANESH PRASAD KARNA SON OF LATE SRIKANT PRASAD KARN RESIDENT OF B.B. GANJ NEAR NATIONAL HIGHWAY BHAGWANPUR, BHAGWANPUR DISTRICT - MUZUFFARPUR Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER- CUM-SECRETARY DEPARTMENT OF FOOD SUPPLY AND COMMERCE, GOVERNMENT OF BIHAR, PATNA. 2. UNDER SECRETARY FOOD SUPPLY AND COMMERCE, GOVERNMENT OF BIHAR, PATNA. 3. DEPUTY SECRETARY FOOD SUPPLY AND COMMERCE GOVERNMENT OF BIHAR, PATNA. 4. SUB-DIVISIONAL OFFICER EAST MUZAFFPUR 5. THE ACCOUNTANT GENERAL, BIHAR, PATNA. ----------- 05. 13.07.2010 As prayed for, learned counsel for the petitioner is permitted to add Accountant General, Bihar, Patna as party-respondent no. 5. Heard learned counsel for the petitioner, State as also Mr. L.P.K. Rajgirhar, appearing on behalf of the Accountant General. The short grievance of the petitioner is that upon his superannuation on 31st of July, 2002 from the post of Assistant District Supply Officer, Muzaffarpur, the pensionary benefits have not been fixed correctly taking into consideration the salary which the petitioner was receiving on the date of his retirement. It is submitted that during the service the petitioner was allowed first time bound promotion in the 2 pay scale of Rs. 880-1510 with effect from 1.04.1981 and the Second time bound promotion in the pay-scale of Rs. 2000 -3800 with effect from 09.09.1992 vide Annexures 1 & 2 respectively. The pay scale of the petitioner was fixed after the report of the fifth pay revision committee was implemented as per Government’s resolution no. 660 dated 8th of February 1999 with effect from 1st of January 1996. The petitioner continued to receive his salary accordingly till the date of his retirement. The salary of the petitioner was reduced with the grant of first and second Assured Career Progression (A.C.P.) w.e.f. 9th of August, 1999 as per memo no. 1446 dated 27th of April, 2006 vide Annexure-10 whereby consequently the pension of the petitioner also got fixed on the lower salary. It is contended on behalf of the petitioner that the A.C.P. which resulted in lowering the salary, in the facts and circumstances of the case of the petitioner, is not applicable since the petitioner was already granted first and second time bound promotion as per Annexures-1 & 2 which is an admitted fact vide paragraph 9 of the counter affidavit filed on behalf of the State. Learned counsel for the State on the other hand submits that upon grant of ACP petitioner was 3 required to refix his salary and accordingly, the salary of the petitioner was refixed. It is further submitted that the first and second ACP although were allowed to the petitioner with effect from 09.08.1999. Considering the submission of the parties, it appears that the pay scale and salary of the petitioner after grant of 1st and 2nd time bound promotion w.e.f. 01.04.1981 and 09.09.1992 as also his salary with effect from 1st January, 1996 as per the resolution of the State Government vide Memo no. 660 dated 8th February, 1999 as also the two A.C.P. allowed with effect from 09.08.2999 vide memo no. 1446 dated 27th April, 2006 vide Annexure-10 needs to be verified and examined by the department with regard to the pay scale and salary of the petitioner for which he is liable to receive as on the date of his retirement i.e. 31.07.2002 so that the pension, gratuity, leave encashment amount could be settled and paid. Accordingly, the entire matter is remitted back to the respondent-Principal Secretary, Department of Food Supply and Commerce, Government of Bihar, Patna with a copy to respondent no- 4 for expeditious consideration preferably within a period of six months on receipt/production of certified copy of the present order. While considering the matter, the petitioner may also be given an opportunity of hearing on a date to be fixed by 4 the Principal Secretary. It will be open for the petitioner to submit his grievance by way of detailed representation, as also copy of relevant documents in support of his grievance within a period of one month from today. The matter be disposed of by a reasoned order taking into consideration the entire relevant facts including the submissions of the petitioner and the order passed in the matter be communicated to the petitioner by post under registered cover. Upon consideration, if needed, fresh order be issued with regard to the salary of the petitioner on the date of his retirement and determining the pensionary benefits. The order may also be communicated to the Accountant General Bihar, Patna for the needful, if any. Till the final order as aforesaid is passed, no recovery be made pursuant to the letter no. 3631 dated 11.11. 2006, issued by the Sub- divisional Officer Muzuffarpur, General Section. Let a copy of this order be handed over to Standing Counsel No. -11 for immediate needful. The writ application stands disposed of with the above observations/directions. Jagdish/ ( Shailesh Kumar Sinha, J.)